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ACTS OF HSSEPLY p OKDIPKGESL 

— RE LATI N« TO— 


—AND— 


Steam Railroads within the Git^ liirnits, 


—WITH A— 



GEORGE BIDDLE AND J. RODMAN PAUL, 

4 * * 

Of the Philadelphia Bar. 



PHILADELPHIA : 

Printed for the Board of Presidents of Passknokr 
Railway Companies. 

1884. 






Entered according to Act of Congress, in the year 1884, by 
GEORGE BIDDLE and J. RODMAN PAUL, 
in the Office of the Librarian of Congress, Washington, D. C. 


*> 













TABLE OF CONTENTS. 

(Including titles in full of the special Acts of Assembly.) 

PAGE. 

SPECIAL ACTS AND ORDINANCES RELATING TO THE VARIOUS 

PASSENGER RAILWAY COMPANIES.1 

Central Passenger Pailway Company (No. 1 ). 

“An Act to incorporate the Central Passenger Railway.Com¬ 
pany.” Approved April 21, 1858. 1 

Ordinance....'. 8 

Central Passenger Railway Company (No. #). 

“An Act supplementary to an Act entitled ‘An act concerning 
the sale of railroads, canals, turnpikes, bridges and plank roads.” 
Approved the 8th of April, Anno Domini one thousand eight hundred 

and sixty-one.” Approved March 14, 1863. 4 

“An Act relating to the Central Passenger Railway Company.” 
Approved April 12, 1864. 7 

“An Act to correct an error in House Bill number five hundred 
and ninety-three.” Approved April 28, 1864. 8 

Citizens’’ Passenger Railway Company (10th and- 11th). 

An Act to incorporate the Citizens’ Passenger Railway Com¬ 
pany.” Approved March 25, 1858.. 9 

“Supplement to an Act to incorporate the Citizens’ Passenger 
Railway Company approved the twenty-fifth day of March, one thou¬ 
sand eight hundred and fifty-eight.” Approved March 26, 1859.. . 12 

“An Act to authorize ihe president and directors of the Citizens’ 
Passenger Railway Company of the City of Philadelphia to sell and 

convey certain real estate ” Approved March 18, 1861. 12 

“An Act to authorize the Citizens’ Passenger Railway Company 
of Philadelphia to extend their railway track and to sell certain real 

estate.” Approved April 11, 1863. 13 

“A further Supplement to an Act entitled ‘An Act to incor¬ 
porate the Citizens’ Passenger Railway Company o t Philadelphia.” 

Approved March 22, 1865. 14 

“A further Supplement to an Act entitled ‘An Act to incor¬ 
porate the Citizens’Passenger Railway Company of Philadelphia,’ 
allowing them to extend their tracks southward on Tenth and Elev¬ 
enth streets.” Approved March 6,1873. 14 

“A further Supplement to an Act entitled ‘An Act to incor¬ 
porate the Citizens’Passenger Railway Company of Philadelphia,’ 
authorizing them to extend their tracks southwardly on Tenth, Elev¬ 
enth and Twelfth streets.” Approved April 24, 1873. 14 

Ordinances. 15 

Continental Railway Company. 

“An Act to incorporate the Continental Passenger Railway Com¬ 
pany of Philadelphia.” Approved September 8, 1873. 16 

Ordinances. 20 

















Table of Contents. m ii. 

PAGE. 

Delaware County Passenger Railroad Company. 

■‘An Act to incorporate the Delaware County Passenger Railroad 

Company.” Approved March 29th, 1859.. 21 

‘‘A Supplement to the Act to incorporate the Delaware 
County Passenger Railway Company.” Approved December 19, 1863. 23 

‘‘A Supplement to the Act to incorporate the Delaware Coun¬ 
ty Passenger Railroad Company.” Approved May 21, 1864.. 23 

Empire Passenger Railway Company {12th and 16th). 

“An Act to incorporate the Empire Passenger Railway Company 

of Philadelphia.” Approved February 10, 1869. 24 

‘A Supplement to an Act entitled ‘An Act to incorporate 
the Empire Passenger Railway Company of Philadelphia, ’ approved 
the tenth day of February, one thousand eight hundred and sixty- 
nine.” Approved June 2, 1871 . 27 

Fairmount and Arch street City Passenger Railway Com¬ 
pany. 

‘‘An Act to incorporate the Fairmount and Arch street City Pas¬ 
senger Railway Company.” Approved April 16, 1858. . 27 

“A Supplement to an Act to incorporate the Fairmount and 
Arch street City Passenger Railway Company approved April six¬ 
teenth, Anno Domini one thousand eight hundred and fifty-eight. ” 

Approved March 24, 1859. 3 1 

Ordinances..—. j.. 33 

Fairmount Park and Delaware River Passenger Railway 
Company (formerly Richmond and Schuylkill Passenger 
Railway Company). 

‘‘An Act to incorporate the Richmond and Schuylkill Passenger 
Railway Company in the city of Philadelphia. ” Approved March 2i», 

1859. 35 

A Supplement to the Act incorporating the Richmond and 

Schuylkill Railway Company.” Approved April 27,1861. 37 

‘‘A Supplement to an Act entitled ‘an Act to incorporate the 
Fairmount Park and Delaware River Passenger Railway Company,’ 

authorizing an extension of track.” Appproved March 17, 1865_ 38 

Resolutions and ordinance. 38 

Fairmount Passenger Railway Company {Race and Vine). 

“An Act to incorporate the Fairmount Passenger Railway Com¬ 
pany.” Approved April 13, 1858. 39 

“An Act for the relief of the stockholders and creditors of the 
Fairmount Passenger Railway Company.” Approved July 17, 1862. 42 

“A Supplement to an Act to incorporate the Fairmount Pas¬ 
senger Railway Company approved thirteenth day of April, one thou¬ 
sand eight hundred and fifty-eight.” Approved July 18th, 1863. 46 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Fairmount Passenger Railroad Company,’ approved the 
thirteenth day of April, one thousand eight hundred and fifty-eight.” 

Approved May 21, 1864. .. .. 47 

“An Act in relation to the Hestonville, Mantua and Fairmount 

Passenger Railroad Company.” Approved May 21, 1864. 47 

Ordinance. 47 
















iii. Table of Contents. 

T rank ford and Holrnesburg Railroad Company. 

“An Act to incorporate the Frankfort! and Holrnesburg Railroad 
Company.” Approved July 18, 1863. 48 

“Supplement to an Act to incorporate the Frankford and 
Holrnesburg Railroad Company, approved July eighteenth, one thou¬ 
sand eight hundred and sixty-three.” Approved March 30, 1864. 49 

“A further Supplement to an Act to incorporate the Frank¬ 
ford and Holrnesburg Railroad Company, approved July eighteenth, 
one thousand eight hundred and sixty-three, providing lor the ex¬ 
tension of time for the completion of their road and so forth.” Ap¬ 
proved x^pril 11, 1866. 49 

“A further Supplement to an Act to incorporate the Frank¬ 
ford and Holrnesburg Railroad Company, approved July the eigh¬ 
teenth, one thousand eight hundred and sixty-three, providing for the 
construction of a railroad from Holrnesburg to Bustleton.” Ap¬ 
proved April 10, 1867. 50 

Frankford and Southwark Philadelphia City Passenger 
Railroad Company (formerly Philadelphia and Delaware 
River Railroad Company.) 

“An Act to incorporate the Philadelphia and Delaware River 
Railroad Company.” Approved April 4, 1854. 50 

‘*A Supplement to the Act incorporating the Philadelphia 
and Delaware River Railroad Company,” Approved March 12, 1856. 53 

“ A Supplement to an Act entitled “An Act to incorporate the 
Philadelphia and Delaware River Railroad Company.” Passed April 
fourth, one thousand eight hundred and fifty four. Approved 

June 9, 1857. 53 

“A Supplement to an Act to incorporate the Philadelphia and 
Delaware River Railroad Company approved April fourth, eighteen 

hundred and fiftv-four.” Approved April 8,1858. 55 

“ A Supplement to an Act entitled “ An Act to incorporate the 
Philadelphia and Delaware River Railroad Company approved the 
fourth dav of April. Anno Domini, one thousand eight hundred and 

fifty-four.” Approved April 9, 1*58. 56 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Philadelphia and Delaware River Railroad Company,’ ap¬ 
proved the fourth day of April, Anno Domini one thousand eight 

hundred and fifty-four.” Approved May 16, 1861. 56 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Philadelphia and Delaware River Railroad Company, ap¬ 
proved April fourth, one thousand eight hundred and fifty-four.” 

Approved March 4, 1863.. 58 

“A further Supplement to an Act to incorporate the Phila¬ 
delphia and Delaware River Railroad Company, approved the fourth 
day of April, Anno Domini one thousand eight hundred and fifty- 

four.” Approved February 14, 1868. 58 

“An Act to repeal an Act entitled ‘an Act to protect the health 
of the citizens of the city of Philadelphia,’ approved the seventeenth 
day of April, rne thousand eight hundred and sixty-nine, so far as 
relates to the Frankford and Southwark Passenger Railroad North of 
the Berks street depot, and the Second and Third street Passenger 
Railroad north of York street.” Approved October 3, 1870. 59 














IV. 


Table of Contents. 

PAGE. 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Philadelphia and Delaware River Railroad Company,’ ap¬ 
proved the fourth day of April, Anno Domini one thousand eight 


hundred and fifty-four.” Approved May 27, 1871. 59 

“A further Supplement to an Act to incorporate the Phila¬ 
delphia and Delaware River Railroad Company, approved the fourth 
day of April, Anno Domini one thousand eight hundred and fifty- 
four.” Approved March 20, 1872. 59 

“A further Supplement to an Act to incorporate the Phila¬ 
delphia and Delaware River Railroad Company, approved the fourth 
day of April, eighteen hundred and fifty-four.” Approved April 3, 

1873. 60 

Ordinance and Resolutions. 60 


Frankford and Philadelphia Pailway Company of the City 
of Philadelphia. 

“An Act to incorporate the Frankford and Philadelphia Railway 
Company of the city of Philadelphia.” Approved April 10, 1862- 63 

“Supplement to an Act to incorporate the Frankford and 
Philadelphia Passenger Railway Company of the city of Philadelphia, 
approved April 10, Anno Domini one thousand eight hundred and 
sixty-two, authorizing an extension of the route, increase of capital 
and agreements to be made with other companies.” Approved March 


21, 1865. 65 

Fox Chase and Frankford Railroad Company. 

“An Act to incorporate the Fox Chase and Frankford Railroad 
Company.” Approved March 9, 1860. 68 

Germantown Passenger Railway Company (fth and 8th). 

“An Act to incorporate the Germantown Passenger Railway 
Company.” Approved April 21, 1858. 69 

“An Act to authorize the Germantown Passenger Railway Com¬ 
pany and the Green and Coates streets Philadelphia Passenger Rail¬ 
way Company jointly to lay a single track on Fourth and Eighth 
streets, Philadelphia.” Approved March 22, 1859.,. 76 

“A further Supplement to an Act to incorporate the German¬ 
town Passenger Railway Company, approved the twenty-first day of 
April, one thousand eight hundred and fifty-eight.” Approved April 

3,1863.:.*... 81 

“A further Supplement to an Act approved the twenty-first 
day of April, Anno Domini one thousand eight hundred and fifty- 
eight, entitled ‘an Act to incorporate the Germantown Passer,ger 
Railway Company of Philadelphia,’ authorizing the said company to 
extend their tracks and to convert bonds into stock.” Approved April 
3,1872. F :.. 82 


“A Supplement to an Act entitled ‘an Act to authorize the 
Germantown Passenger Railroad Company and the Green and Coates 
streets Passenger Railway Company jointly to lay a single track on 
Fourth and Eighth Streets, Philadelphia,’ approved March twenty- 
second, Anno Domini one thousand eight hundred and fifty-nine, to 
authorize the said companies to extend their road.” Approved April 

3, 1872. 

Ordinances and Resolutions. 


83 

83 














V. 


Table of Contents. 

Girard College Passenger Railway Company. 

‘‘An Act to incorporate the Girard College Passenger Railway 
Company.” Approved April 15. 1858. 88 

“A Supplement to an Act entitled ‘an Act to incorporate the 
Girard College Passenger Railway Company of Philadelphia,’ ap¬ 
proved April fifteenth, one thousand eight hundred and fifty-nine.” 
Approved April 13, 1868. 91 

Ordinance. 91 

Greenwich Improvement and Railroad, Company (formerly 
Greenwich Land and Building Association). 

“An Act to change the name of the Greenwich Land and Build¬ 
ing Association and to authorize said company to construct a railroad 
in the city of Philadelphia.” Approved April 21,1856. 92 

“An Act to extend the charter of the Greenwich Improvement 
and Railroad Company. ” Approved May 1, 1861. 93 

“An Act to authorize the Greenwich Improvement and Railroad 
Company to forfeit the shares of delinquent stockholders.” Approved 
March 23, 1865. 93 

“An Act to extend the charter of the Greenwich Improvement 
and Railroad Company.” Approved April 3, 1872. 93 

Green and Coates street Philadelphia Passenger Railway 
Company. 

“An Act to incorporate the Green and Coates street Passenger 
Railway Company.” Approve! April 21, 1858. 94 

“An Act to authorize the Germantown Passenger Railway Com¬ 
pany and the Green and Coates street Passenger Railway Company 
jointly to lay a single track on Fourth and Eighth streets, Philadel¬ 
phia.” Approved March 22, 1859. 96 

“Supplement to an Act to incorporate the Green and Coates 
street Philadelphia Passenger Railway Company, approved the twenty- 
first day of April, one thousand eight hundred and fifty-eight.” Ap¬ 
proved April 3, 1860... 102 

“A further Supplement to an Act to incorporate the Green 
and Coates street Philadelphia Passenger Railway Company, ap¬ 
proved the twenty-first day of April, one thousand eight hundred 
fifty-eight.” Approved March 21, 1862. 102 

“A Supplement to an Act entitled ‘an Act to incorporate the 
Green and Coates street Philadelphia Passenger Railway Company,’ 
approved April twentv-first, Anno Domini eighteen hundred 
and fifty-eight, to confirm and allow the use of certain streets 
in the city of Philadelphia, hv the said corporation.” Approved 
March 12, 1872.‘. 103 

“A Supplement to an Act entitled ‘an Act to authorize the 
Germantown Passenger Railroad Company and the Green and Coates 
street Passenger Railway Company jointly to lay a single track on 
Fourth and Eighth Streets, Philadelphia,’ approved March twenty- 
second, Anno Domini one thousand eight hundred and fifty-nine, to 
authorize the said companies to extend their road.” Approved April 
3, 1872. 103 

Ordinances and Resolutions . 103 
















Table of Contents. vi. 

PAGE. 

Hestonville , Mantua and Fairrnount Passenger Railroad 
Company. 

“An Act to incorporate the Hestonville, Mantua and Fairrnount 

Passenger Railroad Company.” Approved April 6, 1859. 106 

“A Supplement to an Act to incorporate the Hestonville, Man¬ 
tua and Fairrnount Passenger Railroad Company, approved April 
sixth, Anno Domini one thousand eight hundred and fifty-nine.” 
Approved March 8, 1860. 110 

“An Act to enable the District Court of the City and County of 
Philadelphia to quash the writ of sequestration now existing against 
the Hestonville, Mantua and Fairrnount Passenger Railroad Com¬ 
pany.” Approved April 17, 1863. Ill 

“A Supplement to an Act approved April sixth, one thousand 
eight hundred and fifty-nine, entitled an Act to incorporate the Hes¬ 
tonville, Mantua and Fairrnount Passenger Railroad Company.” 

Approved March 11, 1871. Ill 

“An Act relating to the West Philadelphia Passenger Railway 
Company, the Philadelphia City Passenger Railway Company, and 
the Hestonville, Mantua and Fairrnount Passenger Railway Com¬ 
pany.” Approved March 20, 1872. 112 

“An Act to provide for the payment of the damages done to the 
property of the Hestonville. Mantua and Fairrnount Passenger Rail¬ 
way Company by reason of the occupation by troops during the late 

rebellion.” Approved April 18, 1877. 112 

Ordinances and Resolutions. 113 

Kensington and New Jersey Ferry Company. ( Shacka - 

maxon Street and Girard Avenue.) 

“An Act to incorporate the Kensington and New Jersey Ferry 

Company.” Approved May 4, 1864.. 118 

“Supplement to an Act to correct an error in the Act entitled 
“An Act to incorporate the Kensington and New Jersey Ferry Com¬ 
pany,” approved May fourth, Anno Domini one thousand eight 

hundred and sixty-four ” Approved February 28, 1865.. 121 

“A Supplement to an Act to incorporate the Kensington and 
New Jersey Ferry Company, approved May fourth, Anno Domini one 
thousand eight hundred and sixty-four.” Approved February 14 
1866. ....: 121 

Lombard and South Street Passenger Railway Company. 

“An Act to incorporate the Lombard and South Street Passen¬ 
ger Railway Company.” Approved May 16,1861. 122 

“Supplement to an Act entitled an Act to incorporate the 
Lombard and South Street Passenger Railway Company.” Approved 
April 14, 1863.. . 125 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Lombard and South Street Passenger Railway Company,’ 
passed May sixteenth, one thousand eight hundred and sixty-one, to 
authorize said Company to extend said road and to create a ferry across 

the River Schuylkill at South street.” Approved May 18. 1865. 126 

“An Act to authorize the Lombard and South Street Passenger 
Railway Company to incrjase its capital stock and bonded debt.” 
Approved April 10, 1867. ' ^ 
















vii. Table of Contents . 

PAQE. 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Lombard and South street Passenger Railway Company,’ 
passed May sixteenth, one thousand eight hundred and sixty-one.” 
Approved April 4, 1872.. 127 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Lombard and South street Passenger Railway Company,’ 
passed May sixteenth, one thousand eight hundred and sixty-one, 
authorizing the laying of a railway on Snyder avenue, Twelfth street, 
Dickinson street, Eighth street, Christian street, Fifth street, and 
Mifflin street, and to extend railway tracks on Front street.” Ap¬ 


proved April 18, 1878. 128 

Ordinances and Resolutions.. 128 

Lehigh Avenue Railway Company of Philadelphia. 

‘‘An Act to incorporate the Lehigh Avenue Railway Company 
of Philadelphia.” Approved December 18, 1873. 134 


Manayunk and Roxborough Inclined Plane and Railway 
Company. 

‘‘An Act to incorporate the Manayunk and Roxborough Inclined 


Plane and Railway Company.” Approved April 9, 1873. 137 

Ordinance. . 139 


Navy Yard , Broad street and Fairmount Railway Company 
(merged with Thirteenth and Fifteenth street Passenger 
Railway Company). 

‘‘An Act to incorporate the Navy Yard, Broad street and Fair- 

mount Railway Company.” Approved May 16, 1861. 139 

“An Act providing for the surrender by the Thirteenth and 
Fifteenth street Passenger Railway Company of the city of Philadel¬ 
phia of certain corporate rights upon Broad street, and in considera¬ 
tion thereof, confirming the merger with the Navy Yard, Broad street 
and Fairmount Rai.way Company, and granting and confirming unto 
said Thirteenth an * Fifteenth street Passenger Railway Company 
certain rights as to laying tracks upon said Broad street and Thir 
teenth and Fifteenth streets and excluding all other persons or bodies 
corporate from hereafter laying tiacks upon any of said streets.” Ap¬ 
proved March 27, 1873. 142 

North Branch Passenger Railway Company of the city of 
Philadelphia. 

“An Act to incorporate the North Branch Passenger Railway 

Cmpany of the city of Philadelphia. ” Approved April 10, 1858. 144 

“A Supplement to an Act to incorporate the North Branch 
Passenger Railway Company of Philadelphia, approved tenth April, 
one thousand eight, hundred and fifty-eight, repealing restrictions as 
to duration of charter and limitation of time of completion, con¬ 


tained in Ninth Sect ; on of said Act.” Approved April 21,1873. 147 

Ordinance.. 148 


North Philadelphia Passenger Railway Company (formerly 
North Philadelphia Plank Road Company). 

“An Act to incorporate the North Philadelphia Plank Road Com¬ 
pany, etc.” Approved April 29, 1852.. 149 














Table of Contents. viii. 

PAGE. 

“A Supplement to an Act entitled ‘ an Act to incorporate 
the North Philadelphia Plank Road Company, etc.’ ” Approved May 
1, 1852. 152 

“An Act relative to * * * the North Philadelphia Plank 

Hoad.” Approved April 20, 1853. 153 

“A further Supplement to the Act incorporating the North 
Philadelphia Plank Road Company.” Approved March 31, 1854. 153 

“A further Supplement to an Act to incorporate the North 


Philadelphia Plank Road Company and for other purposes.” Ap¬ 
proved April 9, 1858. 154 

“A further Supplement to an Act entitled ‘an Act to in¬ 
corporate the North Philadelphia Plank Road Company.” Approved 
Apri. 14, 1859. 157 

“An Act Supplementary an Act to incorporate the North 
Philadelphia Passenger Railway Company.” Approved May 16, 1861. 157 

Ordinance. 158 


People’s Passenger Pailway Company 

“An Act to incorporate the People’s Passenger Railway Com¬ 
pany in the city of Philadelphia.” Approved April 15, 1873. 

Ordinances and Resolutions. 


159 

162 


Philadelphia City Passenger Pailway Company . 

“An Act to incorporate the Philadelphia City Passenger Railway 


Company.” Approved March 26, 1859. 164 

“Supplement to an Act to incorporate the Philadelphia City 
Passenger Railway Company, passed the twenty-sixth day of March, 

A. D. one thousand eight hundred and fifty-nine.” Approved March 
31, 1859. 167 

“A Supplement to an Act to incorporate the Philadelphia City 
Passenger Railway Company, passed March twenty-sixth, one thous¬ 
and eight hundred and fifty-nine, authorizing said company to borrow 
money and issue bonds.” Approved March 29, 1867. 168 

Ordinance.’. 10 g 


Philadelphia and Darby Railroad Company. 


“An Act to incorporate the Philadelphia and Darby Railroad 
Company.” Approved April 28, 1857. 

“A Supplement to an Act to incorporate the Philadelphia 
and Darby Railroad Company, approved April eighteenth, one thou¬ 
sand eight hundred and fifty-seven.” Approved April 21, 1858. 


“ A Supplement to an Act to incorporate the Philadelphia and 
Darby Railroad Company, approved the twenty eighth day of April 
one thousand eight hundred and fifty-seven.” Approved January 20 


“A further Supplement to an Act to incorporate the Phila¬ 
delphia and Darby Railroad Company.” Approved February 28, 
1861. 

“An Act to authorize Woodland street in the Twenty-fourth 
Ward of the city of Philadelphia, to be graded, curbed and naved ” 
Approved May 27, 1863. v 


170 



















IX. 


Table of Contents. 

PAGE. 

“A further Supplement to an Act to incorporate the Phila¬ 
delphia and Darby Railroad Company, approved twenty-eighth 
April, one thousand eight hundred and fifty-seven, authorizing them 
to extend their road and re-locate and re-construct their present road.” 
Approved April 13, 1868. 171 

“A further Supplement to an Act to incorporate the Phila¬ 
delphia and Darby Railroad Company, approved twenty-eighth of 
April, one thousand eight hundred and fifty-seven, declaratory of the 
meaning of a certain Supplement to the Act of incorporation of said 
company.” Approved April 13, 1868. 172 

“An Act to authorize the Philadelphia and Darby Railroad Com¬ 
pany to lease their road, property and franchises and to sell their real 
estate to any railroad or railway company and to enable such compa¬ 
nies to enter into contracts respecting the same.” Approved January 


20, 1870. 173 

Ordinances and Resolutions. 173 


Philadelphia and, Gray’s Ferry Passenger Railway Com¬ 


pany. 

“An Act to incorporate the Philadelphia and Gray’s Ferry Pas¬ 
senger Railway Company.” Approved April 9, 1858. 174 

“ A Supplement to an Act to incorporate the Philadelphia and 
Gray’s Ferry Passenger Railway Company, approved April ninth, 
Anno Domini one thousand eight hundred and fifty-eight,” Approved 
April 13, 1866. 177 

Ordinance. 179 

Philadelphia and, Olney Railroad Company. 

“An Act to incorporate the Philadelphia and Olney Rail¬ 
road Company.” Approved April 1. 1859. 180 

“A Supplement to an Act entitled an Act to incorporate the 
Philadelphia and Olney Railroad Company.” Approved Mav 16, 

1861. “.... 182 

‘‘A Supplement to an Act to incorporate the Philadelphia and 
Olney Railroad Company, approved the first day of April, Anno 
Domini one thousand eight hundred and fifty-nine.” Approved 
March 30, 1864.. 182 


Ridge Avenue Passenger Railway. {Ridge Avenue and 


Manayunk Passenger Railway Company; see also 
Girard College Passenger Railway Company ). 

‘‘An Act to incorporate the Ridge Avenue and Manayunk Pas¬ 
senger Railway Company.” Approved March 28, 1859. 183 

‘‘A Supplement to an Act to incorporate the Ridge Avenue 
and Manayunk Passenger Railway Company, authorizing the said 
company to extend their track on certain streets.” Approved Novem¬ 
ber 27, 1865. 186 


“An Act extending the time of the payment of the enrolment 
tax on a certain Act entitled ‘A Supplement to an Act to incorporate 
the Ridge Avenue and Manayunk Passenger Railway Company, au¬ 
thorizing said company to extend their track on certain streets,’ 
approved November twenty-seventh, one thousand eight hundred and 
sixty-five.” Approved March 25, 1868. 186 















X. 


Table of Contents. 

PAGE. 

“A further Supplement to an Act to incorporate the Ridge 
Avenue and Manayunk Passenger Railway Company, approved 
March twenty-eighth, one thousand eight hundred and fifty-nine.” 
Approved May 3, 1869. 186 

“An Act to authorize the Ridge Avenue and Manayunk Pas¬ 
senger Railway Company to lease their road, property and franchises 
and to sell their real estate to any railroad or railway company and 
enable such company to enter into contract respecting the same.” 

Approved February 18, 1870. 186 

“An Act relating to the Ridge Avenue Passenger Railway Com¬ 
pany.” Approved March 8, 1872. 187 

“An Act relating to the Ridge Avenue Passenger Railway Com¬ 
pany allowing said railway company to salt theirtrack from Manayunk 
to Susquehanna avenue.” Approved March 7, 1873. 189 

Roxborough Passenger Railway Company. 

“An Act to incorporate the Roxborough Passenger Railway 
Company.” Approved April 15, 1869. 190 

Second and Third Street Passenger Railway Company of 
Philadelphia. 

“An Act to incorporate the Second and Third street Passenger 

Railway Company of Philadelphia.” April 10, 1858. 192 

“ Supplement to an Act to incorporate the Second and Third 
street Passenger Railway Company of Philadelphia.” Approved 

April 13, 1859 . 195 

“A further Supplement to an Act entitled ‘an Act lo incor¬ 
porate the Second and Third street Passenger Railway Company of 
Philadelphia,’approved tenth day of April, Anno Domini one thou¬ 
sand eight hundred and fifty-eight.” Approved April 10, 1862. 196 

“An Act to authorize the Second and Third street Passenger 
Railway Company of Philadelphia to sell or let certain real estate.” 

Approved March 26, 1869. 197 

“An Act to repeal an act entitled ‘an Act to protect the health 
of the citizens of the city of Philadelphia,’ approved the seventeenth 
day of April, one thousand eight hundred and sixty nine, so far as re¬ 
lates to the Frankford and Southwark Passenger Railroad, north of 
the Berks street depot, and the Second and Third street Passenger 

Railroad norlh of York street.” Approved October 3, 1870. 193 

Ordinances and Resolutions. 198 

Seventeenth and Nineteenth Streets Passenger Railway Com¬ 
pany of Philadelphia. 

“An Act to incorporate the Seventeenth and Nineteenth streets 
Passenger Railway Company of Philadelphia.” Approved April 12, 


‘•An Act in relation to the Seventeenth and Nineteenth streets 
Passenger Railway Company of the city of Philadelphia.” Approved 

April 13, 1868...... . 205 

Resolutions. . 20 

Schuylkill River Passenger Railway Company. 

“An Act to incorporate the Schuylkill River Passenger Railway 
Company.” Approved April 16, 1866. 207 

















XI. 


7 able of Contents. 

PAGE. 


“A Supplement to an Act to incorporate the Schuylkill 
River Passenger Railway Company, approved April sixteenth, Anno 
Domini one thousand eight hundred and sixty-six, authorizing said 
company to carry freight.” Approved April 26, 1869. 209 

“A Supplement to an Act to incorporate the Schuylkill River 
Passenger Railway Company, approved April sixteen, one thousand 
eight hundred and sixty-six.” Approved April 7, 1870. 209 

Resolution. 210 


Thirteenth and Fifteenth Streets Passenger Baihcay Com¬ 
pany of the city of Philadelphia. 

“An Act to incorporate the Thirteenth and Fifteenth streets Pas¬ 
senger Railway Company of the city of Philadelphia.” Approved 
April 8, 1859. 211 

“An Act relating to the Thirteenth and Fifteenth streets Passen¬ 
ger Railway Company of the city of Philadelphia, authorizing the 
issue of bonds.” Approved April 4, 1868. 214 

“An Act Supplementary to an Act to incorporate the Thir- 
teentliand Fifteenth streets Passenger Railway Company of the city of 
Philadelphia.” Approved February 25, 1870. 215 


“An Act providing for the surrender by the Thirteenth and Fif¬ 
teenth streets Passenger Railway Company of the city of Philadelphia 
of certain corporate rights upon Broad street, and in consideration 
thereof confirming the merger with the Navy Yard. Broad street and 
Fairmount Railway Company, and granting and confirming unto said 
Thirteenth and Fifteenth streets Passenger Railway Company, certain 
rights as to laying tracks upon said Broad street and Thirteenth and 
Fifteenth streets and excluding all other persons or bodies corporate 
from hereafter laying tracks upon any of said streets,” Approved 
March 27, 1873. 216 

“An Act Supplemental to an Act entitled ‘an Act to incor¬ 


porate the Thirteenth and Fifteenth streets Passenger Railway Com¬ 
pany of the city of Philadelphia,’ regulating the taxation of said com¬ 
pany and repealing the Eighth Section of said act, so far as the same 
relates to taxation ” Approved April 10, 1873. 218 

Ordinances and Resolutions. 218 

Union Passenger Railway Company. 

“An Act to incorporate the Union Past-enger Railway Company 
of Philadelphia.” Approved April 8, 1864... 220 

“A Supplement to an Act entitled ‘an Act to incorporate the 
Union Passenger Railway Company of Philadelphia,’ approved April 
eighth, one thousand eight hundred and sixty-four, authorizing said 
company to extend their track.” Approved March 16,1865. 224 

“A further Supplement to the Act to incorporate the Union 
Passenger Railway Company of Philadelphia, approved eighth day 
of April, one ihousand eight hundred and sixty-four, authorizing 
the company to lay additional tracks on Spring Garden and Norris 
streets.” Approved April 11, 1866. . 225 

“A fuhther Supplement to an Act to incorporate the Union 
Passenger Railway Company of Philadelphia, approved the eighth 
day of April, Anno Domini one thousand eight hundred and sixty- 
four.” Approved February 17, 1869. 225 















Table of Contents. 


Xll. 


PAGE. 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Union Passenger Railway Company of Philadelphia,’ ap¬ 
proved April eighth, Anno Domini one thousand eight hundred and 
sixty-four, authorizing the said company to extend their track.” Ap¬ 
proved April 5, 1870 . 226 

“A further Supplement to an Act entitled ‘an Act to incor¬ 
porate the Union Passenger Railway Company of Philadelphia,’ ap¬ 
proved April eighth, Anno Domini eighteen hundred and sixty-four, 
authorizing the said company to declare dividends quarterly and to 
lay additional tracks of railway.” Approved March 13, 1872. 227 

“A further Supplement to an Act to incorporate the Union 
Passenger Railway Company of Philadelphia, approved April eighth, 
one thousand eight hundred and sixty-four, authorizing said company 
to extend their railway into and to lay double tracks on Market street 
from Front street to Ninth street in the city of Philadelphia; to con¬ 
nect the new tracks with their present railway; to cross and to inter¬ 
sect other railways at grade; to connect the new tracks with their pre¬ 
sent track by a curve or curves, and to connect with other railways 
without the consent of the Councils of said city.” Approved Febru¬ 
ary 19, 1873. 227 

“A further Supplement to the Act approved April eighth, 
one thousand eight hundred and sixty-four, entitle! ‘an Act to incor¬ 
porate the Union Passenger Railway Company of Philadelphia,’ au¬ 
thorizing said company to extend their routes and to lay tracks on 
Ellsworth street, Christian street, Twenty-fifth street, Jefferson street, 
Seventh street, all in the city of Philadelphia, and on such other street 
or streets south of Christian street, west of Twentieth street, north ot 
Columbia Avenue and east of Third street, as the Councils of the city 
of Philadelphia may from time to time permit or authorize to be used 
by said company with single or double tracks to connect said new 
routes with each other and with the old tracks, to lay curves, construct 
circuits and cross other roads at grade.” Approved November 22, 


1873. 228 

Ordinances. 229 


West End Passenger Railway Company of Philadelphia, 
(subsequently West End, Angora and Park Passenger 


Railway Company). 

“An Act to incorporate the West End Passenger Railway Com¬ 
pany of Philadelphia.” * Approved April 15, 1873..... 231 

Ordinances. 235 

West Philadelphia Passenger Railway Company. 

“An Act to incorporate the West Philadelphia Passenger Rail¬ 
way Company.” Approved May 14, 1857. 237 

“A Supplement to an Act to incorporate the West Philadelphia 
Passenger Railway Company, approved the fourteenth day of May, 


“A Supplement to an Act to incorporate the West Philadel¬ 
phia Passenger Railway Company.” Approved April 11, 1859. 242 

“A further Supplement to an Act to incorporate the West 
Philadelphia Passenger Railway Company.” Approved May 16 
1361. ...: 242 













xiii. Table of Contents . 

PAGH, 


“An Act authorizing the Auditor-General to draw certain war¬ 
rants upon the State Treasurer in favor of the stockholders of the 
West Philadelphia Railroad Company,” Approved April 22, 1863... 243 
“A further Supplement to an Act to incorporate the West 
Philadelphia Passenger Railway Company, approved May fourteenth, 
one thousand eight hundred and fifty-seven.” Approved March 10, 

1865. 244 

“An Act to authorize the West Philadelphia Passenger Railway 

Company to sell certain real estate.” Approved April 11, 1868. 244 

“An Act relating to the West Philadelphia Passenger Railway 
Company, requiring the use of suitable frogs on the crossings of said 

company.” Approved April 26, 1870. 245 

“An Act to enable the Commissioners for the erection of public 
buildings in the City of Philadelphia and the West Philadelphia 


Passenger Railway Company to arrange for the change of tracks of 
said company so that they shall pass around the site of the new public 
buildings now in process of erection at Penn Square in the City of 
Philadelphia instead of passing through said site.” Approved De 
cember 18, 1873. 245 

Ordinances and Resolutions. 246 

General Laws relating to Passenger Railway Com¬ 
panies.255 


Constitution of 1874 . 255 

Acts of Assembly. 255 

Ordinances and Resolution .. 282 


Acts of Assembly and (Tty Ordinances relating to 
Steam Railroads within the limits of the City of 
Philadelphia. . . •.- • • 303 


Acts of Assembly. 

< )rdinances and Resolutions of Councils.• 

Digest of Decisions in Pennsylvania, relating 
Passenger Railways. 

Table of Cases. 

List of Titles.. 

Index of Laws. 


303 

341 


349 

385 

389 

(i) 

























r - . 







































V 






























































ACTS OF ASSEMBLY 

AND 


ORDINANCES 

Of the City of Philadelphia , relating to the various Passenger 
Railways of Philadelphia , together with the general laws and 
City Ordinances , relating to Passenger Railway Companies. 


CENTRAL PASSENGER RAILWAY COMPANY, 
(No. 1.) 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority of the 
same , That Francis M. Drexel, Thomas Hart, Ward B. Has- 
eltine, William B. Hart, Samuel Bradford, Alexander Biddle, 
William Craig, Alfred Stille, Samuel J. Reeves, Joseph W. 
Ryerss, Benjamin H. Brewster, Frederick Brown, L. J. Levy, 
Townsend Sharpless, G. G. Presbury, Samuel Simes, James 
S. Earle, A. G. Howard, Charles Oakford, A. F. Glass, 
William Parvin, Jr., James D. Brown, Joseph W. Harrison, 
Ellis Lewis, David Lapsley, William D. Lewis, John Anspach, 
Jr., Charles Leland, Franklin A. Comly, Joseph H. Trotter, 
William L. Maddock, Robert W. Cushman, E. S. Jones, 
Pliny Fisk and William Duane be commissioners to open 
books and receive subscriptions pursuant to the provisions 
of the first section of the act of February nineteenth, one 


Commissioners 


Subject to. 




2 


Style. 


Route. 


Burthen ears 
prohibited. 


Board of city 
surveyors, 
plans and sur¬ 
veys to be sub¬ 
mitted to. 


Amount to be 
paid into the 
city treasury 
on each car. 


Consent of city 
councils to be 
obtained. 


Officers. 


Quorum. 


Proviso. 


Capital stock. 


May borrow 
money. 


Central (No. 1). 

thousand eight hundred and forty-nine, entitled, “An Act, 
regulating railroad companies,” to organize a company by 
the name of the Central Passenger railway company, with 
authority to build a city passenger iron tram railway with 
single track through Walnut and Chestnut streets, in the city 
of Philadelphia, and to unite the same on Second and Twen¬ 
ty-third streets: Provided , That the said company shall 
never obstruct the free use of said streets by permitting 
freight or burden cars, or any other than their passenger 
cars to pass over the same or any portion thereof: And pro¬ 
vided farther , That the said company shall be subject to the 
provisions of the tenth section of the act of April twenty- 
first, one thousand eight hundred and fifty-five, requiring the 
submission of their plans and surveys to the board of city 
surveyors : And provided farther, That the said company shall 
annually pay into the treasury of the city of Philadelphia the 
sum of fifty dollars for every car regularly run upon said 
railway, and shall also keep the streets through which the 
said railway passes, so far as the said railway shall run 
along said streets, in perpetual good repair at the proper 
expense of said company : Provided, That before this act 
shall take effect, the constituted authorities of the city of 
Philadelphia shall declare by ordinance their consent to the 
construction of said railroad on the streets indicated. 

Section 2. That pursuant to the fourth section of the said 
act of February nineteenth, one thousand eight hundred 
and forty-nine, the stockholders shall choose a president and 
six directors, a majority of whom shall constitute a quorum, 
who shall have the sole right of conducting the affairs of 
said company, constructing said tram railway, conveying 
passengers thereon, and of leasing the same if they so elect: 
Provided, That for any distance between the termini of said 
railway the charge for each passenger shall not exceed five 
cents. 

Section 3. That the capital stock of said company shall 
consist of four thousand shares, which the stockholders, if 
they find it expedient, may increase from time to time at 
any annual or special meeting, upon a vote of two-thirds of 
all the shares; and that the president and directors shall have 
power to borrow, upon bonds or other evidences of indebt¬ 
edness, at such prices and rates of interest as they may deem 
advisable, not exceeding seven per centum per annum, such 
sums as shall be requisite for the construction and completion 
of the said tram railway and the necessary depots and 


3 


Central (No. 1). 

structures, and for the equipment, administration, use and 
maintenance of the same: Provided , That said company shall 
be subject in all respects to the several provisions of the 
general acts regulating railroad companies, of February 
nineteenth, one thousand eight hundred forty-nine, not 
inconsistent with this enactment. 

Section 4. That the said Central Passenger railway com¬ 
pany, before commencing to run their cars upon the said 
streets, shall, at the option of the owners of the lines of 
omnibuses licensed to run to West Philadelphia, by the way 
of Chestnut street, also, the line of omnibuses licensed to 
run on Walnut street, purchase the horses, omnibuses, sleighs 
and harness of the said lines, at a price to be assessed in the 
following manner: The said owners shall choose one disin¬ 
terested person, and said company shall choose a second, 
and the persons thus chosen shall choose a third person, and 
the valuation set by these persons shall be final and conclu¬ 
sive. 

Section 5. The said railway shall be subject to the use of 
any part or parts thereof by any other passenger railway 
company, for the purpose of completing a route, or making a 
circuit, upon such terms and conditions as may be agreed 
upon by such other company and the said Central Passenger 
railway company, and in case the said companies cannot agree, 
then upon such terms and conditions as may be prescribed 
by the councils of the city of Philadelphia; and the West 
Philadelphia Passenger railway company is hereb}^ author¬ 
ized to connect their road with that of the Central Passenger 
railway company, by single track, on Twenty-third and 
Twenty-second streets: And provided further, That the said 
company shall by subject to the provisions of an ordinance 
of the city councils of Philadelphia, in reference to passen¬ 
ger railways, approved seventh July, one thousand eight hun¬ 
dred and fifty-seven. 

April 21, 1858. (P. L. 399). 


ORDINANCES. 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain and declare their consent to the 
construction of the Railway authorized to be built by an 
Act of the Legislature of Pennsylvania, entitled “An Act 


Subject to 


Purchase of 
omnibuses, &c. 


Subject to the 
use by any oth¬ 
er passenger 
railway. 


Terms to be 
prescribed by 
city counoils. 


Proviso. 



4 


Provisions of 
general act ex¬ 
tended to a cer¬ 
tain sale. 


Purchaser au¬ 
thorized to or¬ 
ganize a new 
corporation 
under the 
name of Cen¬ 
tral Passenger 
railway com¬ 
pany of Phila¬ 
delphia. 


Central (No. 2). 

to incorporate the Central Passenger Railway Company,’ ? 
approved April 21st, 1858; provided, that before the said 
Central Passenger Railway Company shall commence build¬ 
ing their road, they shall execute and deliver to the City r 
a bond conditioned, that whenever the City shall proceed 
to build a bridge over the river Schuylkill, at Chestnut 
street, the said Central Passenger Railway Company will 
pay into the City Treasury the sum of one hundred thous¬ 
and dollars—said sum to be paid in instalments as the work 
progresses, and in such proportion as one hundred thousand 
dollars shall bear to the whole cost of said bridge; and 
provided further, that before the said Company shall com¬ 
mence operations, they shall tile in the office of the City 
Solicitor a bond, sufficient in law., to compel said Company 
to comply with all the existing and future Ordinances of 
the City regulating Passenger Railways. 

March 24, 1859. (Ords. 135.) 


CENTRAL PASSENGER RAIL AY AY COMPANY. 
(No. 2.) 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That all and every the provisions of the act aforesaid shall be 
and the same are hereby extended to, and shall apply to, and 
embrace, a sale to John Loutey, by John AYelsh and AVilliam 
L. Schaffer, trustees under power to sell, given to them in a 
certain mortgage, dated the twenty-eighth day of July, Anno 
Domini one thousand eight hundred and fifty-nine, and re¬ 
corded at Philadelphia, in mortgage book A. D. B., number 
thirty-five, page five hundred and fifty-one, et cetera, as 
though made under process, or decree of court; and it shall 
not be deemed necessary for the said purchaser to give any 
further notice, but he shall, within thity days after the pas¬ 
sage of this act, organize the new corporation, under the name, 
style and title of the Central Passenger Railway Company of 
the city of Philadelphia, as fully and effectually as though a 
formal meeting had been called, after full public notice °had 




5 


Central (No. 2). 

been given, as mentioned in the said act to which this is a 
supplement; and he shall select a president and board of di¬ 
rectors, for the time mentioned in said act, and do and per¬ 
form all and singular the matters and things in the said act officers, 
specified, with like effect as though the sale and conveyance 
had been made to two or more persons 

Section2. That the said company shall, in all respects, subject to cer- 
not by acts under which it is organized, or hereby modified, tainacts * 
be subject to the provisions of the general act regulating rail¬ 
road companies, approved the nineteenth day of February, 

Anno Domini one thousand eight hundred and. forty-nine, 
and the several supplements thereto, and to so much as is now 
in force, and applicable, of an act incorporating the North 
Philadelphia Plank Road Company, approved the twenty- 
ninth day of April, Anno Domini one thousand eight hun¬ 
dred and fifty-two; to the second section of a supplement 
thereto, approved the thirty-first day of March, Anno Domi¬ 
ni one thousand eight hundred and fifty-four; to the first 
section of a further supplement, approved the ninth day of 
April, Anno Domini one thousand eight hundred and fifty- 
eight ; to the first section, except the proviso thereto, of a 
further supplement, passed the ninth day of April, Anno 
Domini one thousand eight hundred and sixty-one ; and to 
the fifth section of an act relating to said company, approved 
the twentieth day of April, Anno Domini one thousand eight 
hundred and fifty-three ; and that all other acts, or parts of Repeal, 
acts, relating to said company, be and the same are hereby 
repealed ; that the word “ borough,” in the first section of 
the act aforesaid, approved the twenty-ninth day of April, 

Anno Domini ono thousand eight hundred and fifty-two, 
shall be taken and construed to mean townshipand that 
nothing, in said section contained, shall prevent the said 
company from extending their road and railway, by the best Extension of 
and most practicable route, to the northern limits of said use ^of 
township, now Twenth-second w r ard, and the south-western thorized. *’ 
limits of the Twenty-first ward, which they are hereby au¬ 
thorized, from time to time, to do ; or straightening any part, 
or parts of their road and railway, using such streets or ave¬ 
nues as may be necessary for such purposes; and with the 
consent of the owners of any land, or subject to the provisions 
of the general act aforesaid, they may pass over such land, 
or part or parts of any artificial road, for the purposes afore¬ 
said, as they may deem necessary: Provided , That any direc- Directors,priv- 
itor, of said company, shall be at liberty to act in any other penwtfon of™’ 


6 


Bouteof exten¬ 
sion. 


Proviso. 


CertTin con¬ 
nections au¬ 
thorized. 


Privileges. 


Limitations. 


Central (No. 2). 

capacity, and receive such compensation as the by-laws may 
prescribe. 

Section 3. That the said company shall have the right, 
from time to time, as they deem it advantageous to the pub¬ 
lic, to extend their road or railway, by single or double track, 
eastwardly north of Oxford street, as well as southwardly 
from their present terminus to the south side of Green street, 
so as to cross at grade, and to connect with other passenger 
railways or railroads, intersecting this road or railway, when 
so extended ; and for the purpose of such extensions, and to 
complete their circuits, shall use such streets or avenues as 
may be necessary : Provided , That the said company, in lay¬ 
ing unlaid portions, and re-laying parts already laid, of their 
road or railway, shall use the best style of rail conducive to 
the safety of passengers, and shall lay the same in the best 
manner; and shall keep the paving within the lines of their 
railway, on the streets and avenues over which they pass, in 
perpetual good repair; that the said company shall have the 
right to connect their road or railway with, and run their 
cars on and over, any passenger railway, or railroad, which 
now crosses, or may hereafter cross, or connect, with their 
present or future road or railway, the consent of the owners 
thereof having been first had and obtained; and shall have 
and enjoy all the rights and privileges, in regard to their ex¬ 
tended road or railway, which they now have, on any other 
portion of their said road or railway; and shall have and 
enjoy, all and singular, the same rights and privileges which 
are now, or may hereafter be extended to any other passenger 
railway company: Provided also , That said Central Pas¬ 
senger Railway Company of the city of Philadelphia shall 
not have the right to use any portion of any railroad, turn¬ 
pike, or artificial road, except tor the purpose of crossing the 
same, without first obtaining the consent of the company, or 
parties owning the same; nor shall the said railroad company 
have the right to use any other street than Wayne street, 
running parallel therewith, between Manheim and Johnson 
streets, in the late borough of Germantown, in the Twenty- 
second w T ard, nor construct any branch road over School lane, 
Rittenhouse, or Tulpehocken streets, in said ward; nor shall 
they be permitted to locate their road upon any portion of 
Ninth or Twelfth streets, in the city of Philadelphia: And 
provided farther , That in case the said company shall com¬ 
bine a turnpike, paved or plank road, with their said rail¬ 
road, they shall not be authorized to erect, or maintain, any 


Prohibition. 


7 


Central (No. 2). 

toll-gate between Manheim and Johnson streets, in the late 
borough of Germantown ; nor collect any toll from persons 
who only pass over that portion of their road located between 
said streets. 

March 14, 1863. (P. L. 129.) 


Whereas, By the several acts, relating to, and under Preamble 
which, the Central Passenger Railway Company, of the city 
of Philadelphia, organized, plank road and turnpike privi¬ 
leges were conferred on the company ; 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and, it is hereby enacted by the authority of the same , 

That should the board of directors of said company, by of el piank h road 
resolution, a copy of which shall be filed in the office of the anti turnpike, 
secretary of the commonwealth, declare it to be the intention a<ive to. es ’ ie * 
of the company, to abandon, or relinquish, their plank road 
and turnpike privileges, that then, and thereafter, all plank 
road and turnpike privileges, now vested in the company, 
shall cease and determine; and thereupon, such parts of the 
plank road, heretofore occupied by the company, and not 
upon the route of their railroad, shall be taken, and deemed 
public highways, and be subject to like control, as though 
originally laid out, and opened, as in accordance with the 
provisions of the general road laws of this commonwealth: 

Provided however, That the said company shall be at liberty Proviso - 
to remove any toll houses, or other structures, erected 
thereon. 

Section 2. That the said company be, and they are, hereby Authorized 'o 
authorized, and empowered, to extend their road, by single r5d?andbuiid 
or double track, from any point, on the line of their rGad, in a branches, 
northwardly direction, to any point on the North Pennsyl¬ 
vania Railroad, southward of Edge Hill, in Montgomery 
county, and north of Susquehanna avenue, city of Philadel¬ 
phia, and to build branches, not exceeding two miles in 
length, using, for such purposes, such parts of any streets, Mav connect 
lanes, or avenues, as may, by them, be deemed expedient, roads. certain 
and to connect their road with the North Pennsylvania rail¬ 
road, the Chestnut Hill railroad, and such other railroads, 
as now, or hereafter may, cross, or intersect, their present or 
future road ; and the said company shall have, exercise, and 



8 


Privileges of 
general acts 
conferred. 


Repeal. 

Prohibition. 


To conform to 
grade of streets 
owe. 


Proviso. 


Central (No. 2). 

enjoy, all, and every, the rights, powers, liberties, privileges, 
franchises, and immunities, mentioned in the general act, 
regulating railroad companies, approved the nineteenth day 
of April, Anno Domini one thousand eight hundred and 
forty-nine, and conferred upon other railroad companies, by 
said general act, by an act, approved the eleventh day of 
February, Anno Domini one thousand eight hundred and 
fifty-three, and any other general act, relating to railroad 
companies, now in force, in this commonwealth ; and all 
acts, or parts of acts, conflicting herewith, are hereby re¬ 
pealed : Provided , That the said Central Passenger Railway 
Company shall not have the right, to use any portion of any 
turnpike, railroad, or artificial road, except, for the purpose 
of crossing the same, without first obtaining the consent of 
the company, or parties, owning the same; nor shall the said 
railroad company have the right to use any other street, than 
Wayne street, running parallel therewith, between Manheim 
and Johnson streets, in the late borough of Germantown, in 
the twenty-second ward ; nor construct any branch road over 
School lane, Rittenhouse street, Walnut lane, or Tulpehocken 
street, in said ward, nor on Ninth or Twelfth streets : Pro¬ 
vided further, that in constructing their road, over any of the 
streets, of the city of Philadelphia, except Wayne street, the 
said Central Passenger Railway Company, shall conform to the 
grade, of said streets, as now, or shall hereafter be, estab¬ 
lished, by the board of survey, and shall also use such form of 
rail, on Broad street, south of Turner’s lane, as shall be ap¬ 
proved by the said board of survey of said city : And Provided 
also , that the said Central Passenger Railway Company shall 
not be authorized to construct any branch of said road, be¬ 
tween Manheim and Johnson streets, in the late borough of 
Germantown, except on Chelton avenue, east of their road, 
to the Philadelphia, Germantown, and Perkiomen turnpike. 

April 12, 1864, (P. L. 894.) 


Whereas, In transcribing an act entitled “ An act relating 
to the Central Passenger Railway Company,” approved 
April twelfth, one thousand eight hundred and sixty-four, 
House bill, number five hundred and ninety-three, the words 
“ April,” and “ February,” where they occur in the second 
section, were transposed : 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As- 



9 


Citizens. 


sembly met , and it is hereby enacted by the authority of the same , 
That the error, in the second section, of the said act, be cor¬ 
rected, by striking out, on the twelfth line, the word 
“April,” and inserting “February,” and striking out, on 
the fourteenth line, the word “ February,” and inserting 
“April.” 

April 28, 1864. (P. L. 652.) 

4 


CITIZENS PASSENGER RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That Amos Ellis, Jacob Peters, William Bonsall, James S. 
Reeves, Almon B. Walters, Edward P. Dunn, Peter Am- 
bruster, Volney J. Frazier, Benjamin Shell, Thomas H. For¬ 
syth, Gillies Dallett, Lewis T. Mears, Andrew Benner, Ed¬ 
ward R. Helmbold, David M’Clain, Benjamin H. Shedaker, 
John Alexander, Stephen Benton, George Kirkpatrick, 
David M. Uber, Hugh Clarke, T. R. G. Hinkle, George 
Simpson, James H. Stroup, William G. Audenried, John 
Kensel, Michael Cahill, John J. Meany, William M. Ran¬ 
dall, Renjamin Barton, Doctor D. B. Whipple, Benjamin 
Davis, Willis J. Hocker, N. R. Morsely, M. D., Joseph Col¬ 
lins, John M’Carthy and William Seybert, of the city of 
Philadelphia, or a majority of them, be and they are hereby 
appointed commissioners to open books for the purpose of 
receiving subscriptions to the capital stock of the company 
hereby directed to be incorporated by the name, style and 
title of the Citizens Passenger Railway Company of Phila¬ 
delphia, with power to lay out and construct a railway from 
the intersection of Tenth and Lancaster streets ; thence along 
said Lancaster street to Broad street; thence along said 
Broad street to Columbia street; thence along Columbia 
street to Eleventh street; thence along Eleventh street to 
Reed street; thence along said Reed to Tenth street; thence 
along said Tenth street to the place of beginning: Provided , 
That any passenger railroad that may be hereafter incorpo¬ 
rated connecting with or crossing Citizens Passenger Rail- 


commissioners 


Style. 

Route. 

Pr >viso. 




Citizens. 


10 


Capital. 


Dividend?. 


Sea!. 


By-laws, ordi¬ 
nances, &c. 


road, shall have the right, by paying one-half of the expenses 
of construction of that part of the road used to run their 
cars over, said road lying between Ridge avenue and Arch 
street, and shall have power to convey passengers over the 
same; and the said company shall also have the right to 
purchase real estate, and erect thereon such buildings and 
improvements as may be deemed expedient and necessary for 
the purposes of said company, and also to purchase the 
necessary equipments for said railways; and no* freight or 
burden trains, or locomotives, shall be permitted to pass 
over the same. 

Section 2. That the capital stock of said company shall 
consist of ten thousand shares of fifty dollars each: Provided , 
That said company may, from time to time, by a vote of the 
stockholders, at a meeting convened for that purpose, in¬ 
crease their capital stock as much as may be necessary to 
complete said railway or railways, and to carry out the true 
intent and meaning of this act. 

Section 8 . That dividends of so much of the profits of 
said company as shall appear advisable to the directors, 
shall be declared in the mouths of January and July, in 
each and every year, and be paid at the office of said com¬ 
pany any time after ten days from the time of declaring the 
same ; but said dividends shall in no case exceed the amount 
of the net profits of said company, so that the capital stock 
shall never be impaired thereby; and if said directors shall 
make any dividend impairing the capital stock of said com¬ 
pany, the directors consenting thereto shall be liable, in 
their individual capacities, to said company, for the amount 
so divided, and each director present when such dividend 
shall be declared, shall be considered as consenting thereto, 
unless he or they enter protest upon the minutes of the 
board, and give public notice of the same. 

Section 4. That the said company shall make and have a 
common seal, and the same to alter and renew at pleasure; 
and also to ordain, establish and put in execution such by¬ 
laws, ordinances and regulations as shall appear necessary 
and convenient for the government of said corporation, and 
not being contrary to the constitution and laws of the United 
States or of this commonwealth, and generally to do all and 
singular the matters and things which to them it shall law¬ 
fully appertain to do for the well being of said corporation, 
and the due ordering and managing of the affairs thereof. 


11 


Citizens. 


Section 5. That said company shall have power to elect officers, 
or appoint a president and five directors (a majority of 
whom, with the president, shall be citizens of Philadelphia) 
and such other officers as may be deemed necessary or expe¬ 
dient, and in every election of officers each share of stock 
shall entitle the holder to one vote. 

Section 6 . That said company shall have power to raise, May^ issue 
on bonds, any sum not exceeding one-half of their capital 
stock actually paid, for the purpose of carrying out the true 
intent of this act. 


Purchase o f 
omnibuses, &c. 


Section 7. That the said railroad company shall not con- Mu ^ not con- 
nect with any railroad, other than for passenger purposes, other than Pas- 
and of the same gauge, under the penalty of a forfeiture of sengei lailway 
their charter; and the said company shall annually pay into 
the treasury of the city of Philadelphia, for the use of said 
city, whenever the dividends shall exceed six per centum per 
annum on the capital stock, the sum of six per centum on 
the said dividends thus declared; and the said company, 
before commencing to use said road upon said streets, shall 
purchase, at the option of the owner, the stock of horses, om¬ 
nibuses, sleighs and harness owned and used upon the said 
streets at the time of commencing the said road, at a price to 
be assessed in the following manner : The said owners shall 
choose one disinterested person, and the said company shall 
choose a second person, and the two thus chosen shall choose 
a third, who, together, shall be disinterested persons, and 
shall appraise such stock; and the value thus ar¬ 
rived at shall be binding and final: Provided , That Damages, 

whenever any damages may be sustained by reason 
of this company taking possession of lands or other pro¬ 
perty other than above described, except so far as the 
usufruct of the before-named streets necessary to the full and 
perfect enjoyment of the purposes by this act designed, the 
said damages shall be assessed and paid in the manner and subject to. 
according to the provisions of the eleventh section of the act 
of nineteenth of February, Anno Domini one thousand eight 
hundred and forty-nine, entitled “ An Act regulating rail¬ 
road companies, and the several supplements thereto : And 
provided further, That before the said company shall use and 
occupy the said streets, the consent of the councils of the consent of city 
city of Philadelphia shall be first obtained ; and said con- obtained. 10 be 
sent shall be taken and be deemed to have been given if 
said councils shall not within thirty days after the pas¬ 
sage of this act, by ordinances duly passed, signifying their 


Citizens. 


12 


Must conform 
to grades of 
streets. 


Subject to the 
use by any oth¬ 
er passenger 
railway. 


To extend 
track. 


disapproval thereof; and said councils may, from time to 
time, by ordinance, establish such regulations in regard to 
said railway as may be required for the paving, re-paving, 
grading, culverting and the laying of gas and water pipes in 
and along said streets, and to prevent obstructions thereon. 

Section 8 . That said company, in constructing said road, 
shall conform to the grades now established, or hereafter to 
be by law established, of the several streets and avenues 
traversed by said road, and keep said streets and avenues in 
perpetual good repair at the proper expense of said com¬ 
pany. 

Section 9. The said railway, on the route described, shall 
be subject to the use of any part or parts thereof, by any 
other passenger railroad company, for the purpose of com¬ 
pleting a route or making a circuit upon, upon such terms 
and conditions as may be agreed upon by such other compa¬ 
nies and the said Citizens Passenger railroad companies ; 
and in case the companies cannot agree, then upon such 
terms and conditions as shall be prescribed by the councils 
of the citv of Philadelphia. 

March 25, 1858. (P. L. 166.) 


Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That the Citizens’ Passenger railway company be and the 
same is hereby authorized to extend their railway by laying 
a single track, with sufficient turnouts or sidelings, along 
Poplar street, from Tenth street to Nineteenth street, and 
shall have the right to connect the tracks already laid, by a 
single track along Columbia avenue, from Tenth to Eleventh 
street, conforming to the established grades of said streets. 

March 26, 1859. (P. L. 268.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the president and directors of the Citizens’ Passenger 
railway company of the city of Philadelphia be and the same 




13 


Citizens. 


are hereby authorized to grant, bargain and sell, lease, re¬ 
lease, convey and conform to such person or persons, and for 
such consideration, price or prices as they may deem proper, 
all or any part of their lot of ground situate on the west side 
of Tenth street, in the city of Philadelphia, beginning at the 
distance of three hundred feet northward of the north-west 
corner of Tenth and Montgomery ; thence extending along 
Tenth to Berks street, and being in depth westwardly one 
hundred and seventy-three feet to a forty feet wide street; 
and that the vendee or vendees of said property be and they 
are hereby vested with the fee simple title of, in and to the 
same, their heirs and assigns, forever. 

March 18, 1861. (P. L. 193.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
That the Citizens’ Passenger Railway Company, of Philadel¬ 
phia, be and they are hereby authorized to take up their 
track on Columbia avenue, from Tenth to Eleventh street, 
and to lay a track on Montgomery street, from Tenth to 
Eleventh street, with the necessary sidelings, and to connect 
the same with their present road, by a track on Eleventh 
street, from Columbia avenue to Montgomery street. 

Section 2. That the president and directors of the Citizens 
Passenger Railway Company, of the city of Philadelphia, be 
and the same are hereby authorized to grant, bargain, sell, 
release, convey, and confirm, to such person, or persons, and 
for such consideration, price, or prices, as they may deem 
proper, all, or any part, of their buildings and lot of ground, 
situated on the east side of Tenth street, in the city of Phil¬ 
adelphia, beginning at the distance of sixty-live feet south¬ 
ward, from the south side of Columbia avenue, containing in 
front, or breadth, on said Tenth street, eighty feet, and ex¬ 
tending, in length, or depth, eastward of that width, between 
lines parallel with said avenue, on the north line, two hun¬ 
dred and thirty-four feet eight and a quarter inches, and on 
the south line thereof, two hundred and forty-three feet 
seven-eighths of an inch; and that the vendee, or vendees, 
of said property, be and they are hereby vested with the fee 
simple title of, in and to, the same, their heirs and assigns 
forever. 

April 11, 1863. (P. L. 319.) 


May sell cer- 
;a!n land. 


I xtension o f 
road author¬ 
ized. 


May sell por¬ 
tion of real es¬ 
tate. 



Citizens. 


14 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Citizens’ Passenger Railway Company of Philadel¬ 
phia be and they are hereby authorized, whenever, and at 
such times as the public convenience may require, to extend 
track exte 11 d their road northwardly, on Tenth and Eleventh streets, be¬ 
tween Montgomery street and the Germantown road, with 
the right to connect the same, on any street between these 
two points, subject to all the limitations and restrictions, and 
with all the privileges granted to the said company, under 
their act of incorporation. 

March 22, 1865. (P. L. 568.) 


Section 1 . Be it enacted , That the Citizens’ Passenger 

Railway Company of Philadelphia, be and they are hereby 
authorized, provided the same shall be done on or before the 
first day of June next ensuing, to extend their road south¬ 
wardly on Tenth street, between Reed street and its southern 
terminus, with the right to use any streets south of Federal 
street for the purpose of making a connection with their track 
on Tenth street; and that they be further authorized to use 
May extend Twelfth street, from Wharton street to its southern terminus 
is a done i£ before nnt ^ Eleventh street shall be opened south of Reed street, 
June i,i 873 . when the track to be placed on Twelfth street, south of 
Wharton street, shall be removed to Eleventh street, subject 
to all the limitations and restrictions and with all the privi¬ 
leges granted to the said company under their act of incorpo¬ 
ration. 

March 6,1873. (P. L. 203.) 


Section 1 . Be it enacted , That so much of the act, en¬ 
titled “ A further supplement to an act, entitled ‘ An act to 
incorporate the Citizens’ Passenger Railway Company of 
Philadelphia, authorizing them to extend their tracks south¬ 
ward on Tenth and Eleventh streets,’ ” approved March 
Extension of eighth, one thousand eight hundred and seventy-three, as 
time granted. re q U j res the building of the road on or before the first day 
of June next ensuing, be and the same is hereby repealed, 
and said Citizens’ Passenger Railway Company shall have 
the right and they are hereby authorized to extend their 




15 


Citizens . 


road in the streets named in said further supplement, from 
time to time, as the public convenience may require; Pro¬ 
vided, That the road on Tenth street, from Reed to Mifflin 
streets, and necessary sidings, be constructed by the first day 
of July next ensuing. 

April 24, 1873. (P. L. 858.) 


ORDINANCES. 

Whereas, By the Act of Assembly entitled ‘‘An Act to 
incorporate the Citizens’ Passenger Railway Company,” ap¬ 
proved 25th day of March, A. I). one thousand eight hun¬ 
dred and fifty-eight, it is provided that “before the said 
Company shall use and occupy the said streets, the consent 
of the Councils of the city of Philadelphia shall be first ob¬ 
tained, and said consent shall be taken and deemed to have 
been given if said Councils shall not, within thirty days after 
passage of the Act, by Ordinances duly passed, signify their 
disapproval thereofand whereas, the said period of thirty 
days will probably elapse before the said Company will be so 
organized as to act in a corporate capacity; therefore, 

Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, That the Councils of the City of 
Philadelphia do hereby, in pursuance of the authority in them 
vested by the said Act of Assembly, declare their disapprov¬ 
al of the said Act, and of the right therein granted to the 
Citizens’ Passenger Railway Company to use and occupy the 
streets of the City therein named. 

Section 2. That if the said Company shall, within ninety 
days, from the passage of this Ordinance, and before they 
shall use or occupy any of the said streets, file in the office 
of the City Solicitor a written obligation, sufficient in his 
opinion, in law, to bind the said Company to observe and be 
subject to all Ordinances of the City of Philadelphia in rela¬ 
tion to Passenger Railways, then in force, or at any time 
thereafter to be passed, then the provisions of the first sec¬ 
tion of this Ordinance shall be of no effect. 

April 16, 1858. (Ords. 145.) 


Disapproval of 
Act of Incorpo¬ 
ration. 


Unless Compa¬ 
ny agree to sub¬ 
mit to City Or¬ 
dinances. 


Section 1. The Select and Common Councils of the city of 
Philadelphia do ordain , That consent is hereby given to the 




Continental, 


16 


May lay con¬ 
necting track. 


Corporators. 

Title. 

Right to con¬ 
struct railway. 

Route. 


Citizens’ Passenger Railway Company to lay a track on Co- 
lona street, from Eleventh to Twelfth street, to connect with 
their depot at Twelfth street and Susquehanna avenue, a 
distance of about five hundred feet, in accordance with the 
provisions of the Act of Assembly of April 30, 1878. Pro¬ 
vided, There be first paid to the City Treasurer the sum of 
fifty dollars for printing this ordinance ; And Provided, That 
said track shall be removed on the passage of a resolution or 
ordinance to that effect. 

January 19, 1880. (Ords. 4.) 


CONTINENTAL RAILWAY COMPANY. 


ACT OF ASSEMBLY. 

Section 1. Be it enacted, $c., That Henry M. Phillips* 
James M’Manes, Robert Morris, William Devine, Thomas 
H. Kemble and James M. Sellers, and their associates and suc¬ 
cessors, be and they are hereby constituted a body politic 
and corporate, by the name, style and title of the Conti¬ 
nental Passenger Railway Company, of Philadelphia, and as 
such they shall have the right to lay out and construct, or 
cause to be laid out and constructed, a railway in the city of 
Philadelphia, along such route and streets as are hereinafter 
provided for, namely: Beginning at Montgomery avenue 
and Eighteenth street; thence along said Montgomery 
avenue to Twentieth street; thence along Twentieth street 
to Ridge avenue ; thence along Ridge avenue to South Col¬ 
lege avenue; thence along South College avenue to Corin¬ 
thian avenue ; thence along Corinthian avenue to Parrish 
street; thence along Parrish street to Twentieth street; 
thence along Twentieth street to Federal street; thence 
along Federal street to Eighteenth street; thence along 
Eighteenth street to Francis street; thence along Francis 
street to Perkiomen street; thence along Perkiomen street 
to Vineyard street; thence along Vineyard street to Ridge 
avenue; thence along Ridge avenue to Eighteenth street; 
thence along Eighteenth street to Montgomery avenue, with 
the right hereafter, from time to time, to extend northward 
and southward on Eighteenth and Twentieth streets, using 
any east and west streets to form a connection ; and that at 
any time hereafter, on the opening of Twentieth street from 




17 


Continental. 


Girard avenue to South College avenue, said company may 
lay a single track on said Twentieth street from Parrish 
street to South College avenue ; also a single or double track 
from Federal to Ritner streets ; also a single track on Whar¬ 
ton street, from Twentieth street to Long lane ; also a single 
track from Twentieth street to Long lane, and also a single 
track from the west side of Twentieth and Filbert streets, 
eastwardly on Filbert street to Seventh street, or any other, 
street west of Seventh street, along said Seventh street to 
Sansom or Locust street, and westwardly along Sansom or 
Locust street to Twentieth street, with the right to connect 
by a curve or curves at Twentieth and Sansom or Locust 
streets, Twentieth and Filbert streets, Eighteenth and San¬ 
som or Locust streets, and Eighteenth and Filbert streets, 
with the track authorized to be laid on Eighteenth and 
Twentieth streets. 

Section 2. The capital stock of said company shall con" Ca P ital stock - 
sist of twelve thousand shares of fifty dollars each, with the 
right to increase by a majority of the stockholders, to twenty 
thousand shares. 

Section 3. The said company shall have the power and boi-row'muney 
authority to borrow money, in any sum of sums not exceed- and^ issue 
ins: in amount one-half of the par value of the capital stock, 1011 s ‘ 
at a rate of interest not exceeding seven per centum per 
annum; and to secure the re-payment of the same and in¬ 
terest thereon, to give bonds secured by a mortgage of and 
on the said railway, and the corporate rights and franchises 
guaranteed by this act, which principal moneys shall be 
payable at such dates and times as the board of directors 
may deem advisable. 

Section 4. The said company shall have the right to pur- Jhfte reai P es- 
chase such real estate and erect or cause to be erected such 
buildings and improvements thereon, from time to time, and 
use and hold the same, and further to have the right to pur¬ 
chase all necessary equipments, such as horses, cars and 
other vehicles, and all needful appendages for the convey¬ 
ance of passengers on and over said railway, as may be 
deemed necessary or convenient for the accommodation 
and purposes of said company : Provided , That said railway 
shall conform in gauge to the passenger railways now laid Gau s e - 
in the city of Philadelphia, and no freight or burthen trains Prohibition, 
or locomotives shall be permitted to pass over said railway. 

Sections. That dividends of so much of the profits of Dividend s. 
said company as shall appear to be advisable to the directors 


Seal, by-laws, 
etc. 


Organizat'on. 


Election < f offi¬ 
cers. 


Votes. 


Subject to gen¬ 
eral ra ilroad 
act of 1845'. 


Proviso. 


Continental. IS 

shall be declared semi-annually, in each and every year, and 
be paid at the office of the said company at any time after 
ten days after declaring the same ; but such dividends shall 
in no case exceed the amount of the net profits of said com¬ 
pany, so that the capital stock thereof shall at no time be 
impaired thereby ; and if said directors shall make and de¬ 
clare any dividends impairing the capital stock of said com¬ 
pany, the directors consenting thereto shall be liable in their 
individual capacities to said company for the amount so di¬ 
vided, and each director present when such division shall be 
declared shall be considered as consenting thereto, unless he 
or they shall, at the time thereof, enter his or their written 
protest against the same, and shall cause the said protest to 
be entered upon the minutes of the board and give public 
notice of the same. 

Section 6 . The said company shall make, have and use a 
common seal, and alter and renew the same at pleasure, 
and also shall have the power to ordain, establish and put in 
execution such by-laws, ordinances and regulations as shall 
appear necessary or convenient for the government of the 
said corporation, and not being contrary to the constitution 
of the United States or of this commonwealth, and generally 
to do all and singular the matters and things which to 
them shall lawfully appertain for the well-being of said 
corporation and the proper order and management thereof. 

Section 7. That the persons herein named, or a majority 
of them, may proceed to organize said company and obtain 
subscriptions to the capital stock thereof; and said company 
shall have power to elect a president, vice president and five 
directors, a majority of whom shall be citizens of Philadel¬ 
phia, and also such other officers as may be deemed expe¬ 
dient ; and at all elections each share of stock represented, 
either in person or by proxy, shall entitle the holder to one 
vote. 

Section 8. The said company shall be subject to all the 
provisions of an act regulating railroad companies, approved 
the nineteenth of February, one thousand eight hundred 
and forty-nine, and the several supplements thereto, so far 
as the same are not altered or supplied by this act: Provided , 
That the provisions in the first section of said act, which re¬ 
quires the commissioners named in any special act incorpo¬ 
rating any passenger railroad company to give public notice 
of the time and place for opening books for receiving sub- 


19 


Continental. 


seriptions to the capital stock of such companies, is hereby 
declared not to extend or apply to this act or the commis¬ 
sioners herein named; and the said company in constructing 
their road, shall conform to the surveys and grades now estab¬ 
lished or hereafter to be established by law of the several 
streets or avenues traversed by said road, and shall be at the 
entire cost and expense of re-paving that may be made neces¬ 
sary upon any street on account of laying the track of said 
company ; and it shall not be lawful for said company to run 
their cars at a greater rate of speed than six miles an hour ; 
and the said company is hereby authorized and empowered 
to construct and lay the said railway at any time hereafter 
that the consent of the city councils of Philadelphia shall 
be obtained thereto : but whenever the said railway shall be 
laid and used by running passenger cars thereon, the said 
company shall be subject to the ordinances of the city of 
Philadelphia regulating the running of passenger railway 
cars. 

Section 9. The said company shall have right to cross at 
grade any railroad or railway that is now or may hereafter 
be built within the limits of the city of Philadelphia, and 
also to connect their railway with that of any other passen¬ 
ger railway company for the purpose of completing a route 
or making a circuit, upon such terms and conditions as may 
be agreed upon by such other company or companies, and 
the said Continental Railway Company of Philadelphia, and 
in case said railway companies cannot agree, thereupon such 
terms as the district court of Philadelphia may prescribe 
and enjoin. 

Section 10. That the said company shall pay annually, 
into the treasury of the city of Philadelphia, for the use of 
said city, whenever the dividends declared by said company 
shall exceed six per centum per annum on the par value of 
the capital stock thereof, a tax of six per centum on such 
excess over six per centum on the par value thus declared ; 
and the said company shall also pay such license for each car 
now run by said company as is now paid by other passenger 
railway companies in the city of Philadelphia: Provided , 
That the said corporation shall pay into the treasury of the 
commonwealth such bonus and taxes as are now or may 
hereafter be required by law. 

Section 11. The company hereby incorporated shall be 
subject to all- the provisions of the act, entitled “ An Act to 


To conform to 
established 
surveys a n d 
grades. 


Pay cost of re¬ 
paving. 


Kate of speed 
limited. 


When to be 
subject to city 
ordinances. 


Eight to cross 
at grade and 
connect with 
other roads. 


Tax to city. 


License f o r 
cars. 


Konus and tax 
to s ate. 


Subject to cen¬ 
tennial act of 
March 28, 1878. 


Continental. 


20 


Authorized 
lay tracks. 


Route. 


authorize a permanent centennial exposition building for 
the people of the commonwealth, and to provide means for 
the same,” approved March twenty-eight, Anno Domini one 
thousand eight hundred and seventy-three, so far as the 
same relates to passenger railway companies. 

September 8, 1878. (P. L. 1874, 434.) 


ORDINANCES. 

Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain , That the Continental Passenger Rail- 
to way Company of Philadelphia are hereby authorized and 
empowered to lay out and construct or caused to be laid out 
and constructed a railway in the City of Philadelphia, along 
the route and streets hereinafter provided for, namely: Be¬ 
ginning at Montgomery avenue and Eighteenth street; thence 
along said Montgomery avenue to Twentieth street; thence 
along Twentieth street to Ridge avenue ; thence along Ridge 
avenue to South College avenue; thence along South College 
avenue to Corinthian avenue ; thence along Corinthian ave- 
ue to Parrish street; thence along Parrish street to Twen¬ 
tieth street; thence along Twentieth street to Federal street; 
thence along Federal street to Eighteenth street; thence 
along Eighteenth street to Francis street; thence along Fran¬ 
cis street to Perkiomen street; thence along Perkiomen 
street to Vineyard street; thence along Vineyard street to 
Ridge avenue; thence along Ridge avenue to Eighteenth 
street; thence along Eighteenth street to Montgomery aven¬ 
ue, with the right hereafter from time to time to extend north¬ 
ward and southward on Eighteenth and Twentieth streets, 
using any east or west streets to form a connection ; and that 
at any time hereafter, on the opening of Twentieth street, 
from Girard avenue to South College avenue, said company 
may lay a single track on said Twentieth street, from Parrish 
street to South College avenue, also a single or double track 
from Federal to Ritner streets; also a single track on Whar¬ 
ton street, from Twentieth street to Long lane; also a single 
track from Twentieth street to Dong lane; and also a single 
track from the west side of Twentieth and Filbert streets, 
eastwardly on Filbert street to Seventh street, or any other 
street west of Seventh street, along said Seventh street to 
Sansom street, and westwardly along Sansom street to Twen¬ 
tieth street, with the right to connect by a curve or curves 
at Twentieth and Sansom streets; Twentieth and Filbert 



21 


Delaware County. 

streets; Eighteenth and Sansom streets; Eighteenth and 
Filbert streets with the track authorized to be laid on Eigh¬ 
teenth and Twentieth streets: Provided , That no part of the 
privilege hereby granted to the Continental Passenger Rail¬ 
way Company, shall entitle said company or be so construed 
as to entitle them to lay their tracks on any portion of Broad 
street in a direction north or south, and the said Continental 
Passenger Railway Company are hereby prohibited from lay¬ 
ing their tracks on Broad street except at the intersections of 
their tracks with said Broad street, and in a direction east 
and west and directly crossing said Broad street. 

June 19, 1875. (Ords. 151.) 


Section 1. The Select and Common Councils of the City of 
Philadelphia , do ordain , That the Continental Passenger Rail¬ 
way Company are hereby authorized to lay a track from 
their track on Seventh street along Jayne street to the track 
on Sixth street, and from the said track on Sixth street along 
Sansom street to their track on Seventh street. Provided , 
There be first paid to the City Treasurer the sum of fifty (50) 
dollars for printing this ordinance. 

July 8,1878. (Ords, 179.) 


DELAWARE COUNTY PASSENGER RAILROAD 
COMPANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same , 
That James Miller, James P. Afflick, A. Lewis Smith, E. 
Spencer Miller, John Sellers, Jr., Edward Garret, Joseph 
Powell, Abraham L. Pennock, William Johnson and Della- 
plain R. Smith be and they are constituted and appointed 
commissioners to organize an incorporated company, by the 
name of the Delaware County Passenger railroad company, 
with power to lay and construct a railway, of the same guage 
as the present passenger railway in the city of Philadelphia, 
with double-or single track, connecting with the West Phila- 


Pr o h i b i t i n g 
tracks from be- 
ing laid on 
Broad street 


Authorizing 
tracks on 
Jayne and San¬ 
som streets. 


Commissioners 


Name. 


Route. 





22 


Proviso. 


Capital stock. 


May borrow 
money, etc. 


Penalty for 
obstru c ting 
tracks. 


Subject to. 


Authorized to 
extend road, 
etc. 


Delaware County. 

delphia Passenger railway, on Market street, at or near the 
western terminus thereof on said street, and extending west- 
wardly along said Market street to the West Chester plank 
road, and along said plank road as far, from time to time, as 
the public convenience may require or the public use may 
justify : Provided however , That before the said West Chester 
plank road shall be used for said purpose, the assent of said 
company shall be had and obtained, and that said railroad 
may be laid or constructed on said plank road at its present 
grade. 


Section 2. That the capital stock of said incorporation 
shall consist of three thousand shares, but may be increased 
from time to time by a majority of the stockholders present 
at any meeting for that purpose, duly called, to such an ex¬ 
tent as may be necessary for the purposes and objects of the 
said incorporation; and that said incorporation shall have 
power to borrow from time to time, upon bond or bond and 
mortgage, at such prices and at such rates of interest, not ex- 
caeding eight per centum per annum, as it may be deemed 
advisable, such sum or sums as may be found necessary for 
the construction and completion, furnishing, stocking, equip¬ 
ment and maintenance of said railroad, for its purposes and 
objects in this act intended. 

Section 3. That the cars of said company shall have at all 
times the right of way upon the track or tracks constructed 
or laid by them ; and any person or persons who shall wil¬ 
fully obstruct or impede, or cause to be obstructed or im¬ 
peded, the passage of said cars along said road, he, she or 
they shall be fined for each offence the sum of not less than 
five dollars nor more than ten dollars, to be collected as fines 
of like amount are now by law recoverable. 

Section 4. That said incorporation shall be organized as 
specified by an act, entitled “ An Act regulating railroad 
companies,” passed February nineteenth, one thousand eight 
hundred and forty-nine, and the several supplements thereto ; 
and when organized, shall be governed and regulated by the 
provisions thereof, in all respects, so far as said provisions 
are applicable thereto. 

Section 5. That said company be authorized to extend 
their said railroad upon and over the Garretford plank road, 
to connect with said West Chester plank road, at its present 
grade, for such a distance as may be justified or required by 




23 Delaware County. 

the public use and convenience: Provided however , That the proviso, 
consent of said Garretford plank road company be first had 
and obtained. 

March 29, 1859. (P. L. 354.) 


Section 1. Be it enacted , That the Delaware County 

Passenger Railway Company be and they are hereby author- itv^trSs on 
ized to lay rails upon and use for passenger railway purposes 42d street, or 
Forty-second street, from Market to Chestnut, or Walnut t£weof? etw " st 
street, in the Twenty-fourth ward of the city of Philadel¬ 
phia, or any street westward of Forty-second street that may 
be most convenient or practicable for the purpose of connect- 
ins: with the Citizens’ Passenger Railway. 

December 19,1863. (P. L. 1873, 904.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentative of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the stockholders of the Delaware County Passenger SctoVs^re*- 
Railroad Company, incorporated in and by an act, approved duced - 
March twenty-ninth, one thousand eight hundred and fifty- 
nine, shall and may, at their next annual election, hereafter, 
and at all succeeding annual elections, instead'of the number 
of twelve directors, whom they are now required, by law, to 
elect, elect five directors ; which five directors, so to be elect¬ 
ed, shall be and constitute, for all the purposes of said act, 
to which this is a supplement, a full board of directors, of 
whom three shall be a quorum, for the transaction of busi¬ 
ness. 

Section 2. That the said company may run, or use, on its Authorized to 
said road, or on any extension of the same, hereafter to be Steam'engined 
made, dummy steam engines: Provided , The consent of the Proviso 
West Chester Plank Road Company is first had and ob¬ 
tained. 

Section 3. Said company is hereby authorized to lay rails Ma 
upon, and use, for passenger railway purposes, Forty-second ranway pin-po¬ 
st reet, or any street westward thereof, between Market and streets. rtain 
Chestnut street, for the purpose of connecting with the Phila¬ 
delphia City Passenger Railway. 

May 21, 1864. (P. L.1865, 934.) 




Corporators. 


Title. 


Construction of 
Railway auth¬ 
orized 

Route 


Capital Stock. 


May borrow 
money and 
issue loads. 


Empire. 24 

EMPIRE PASSENGER RAILWAY COMPANY. 
(12th and 16th.) 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That John C. Sleeper, Wm. Dougherty, John Brady, James 
Kirkpatrick, Robert Laughlin, and their associates and suc¬ 
cessors, be and they are hereby constituted a body politic 
and corporate, by the name, style and title of the Empire 
Passenger Railway Company of Philadelphia, and as such 
they shall have the right to lay out and construct, or cause 
to be laid out and constructed, a railway, in the city of Phila¬ 
delphia, along such route and streets as are hereinafter pro¬ 
vided for, namely: Beginning at or near the intersection of 
Wharton and Twelfth streets ; thence, with a single track 
and such turnouts as may he necessary, along Twelfth street 
to Columbia avenue ; thence along Columbia avenue to Six¬ 
teenth street; thence along Sixteenth street to Wharton 
street; thence along Wharton street to the place of begin¬ 
ning, with the right to continue said railway along Twelfth 
and Sixteenth streets north and south, as the same may be 
from time to time opened and may be deemed advantageous 
to the public ; and they shall have the right to use any street 
north of Columbia avenue and south of Wharton street, in 
order to complete their road and make such circuits as may 
be necessary. 

Section 2. The capital stock of said company shall consist 
of twelve thousand chares of fifty dollars each, with the right 
to increase, by a majority of the stockholders, to twenty 
thousand shares. 

Section 3. The said company shall have power and author¬ 
ity to borrow money, in any sum or sums not exceeding in 
amount one-half of the par value of the capital stock, at a 
rate of interest not exceeding seven per centum per annum ; 
and to secure the re-payment of the same and the interest 
thereon, to give bonds, secured by a mortgage of and on the 
said railway and the corporate rights and franchises, guaran¬ 
teed by this act; which principal moneys shall be payable 
at such dates and times as the board of directors may deem 
advisable. 



25 


Empire 

Section 4. The said company shall have the right to pur¬ 
chase such real estate and erect or cause to be erected such 
buildings and improvements thereon from time to time, and 
use and hold the same; and further, to have the right to 
purchase all necessary equipments, such as horses, cars and 
other vehicles and all needful appendages for the conveyance 
of passengers on and ove*r said railway, as may be deemed 
necessary or convenient for the accommodation and purposes 
of said company : Provided , That said railway shall conform 
in gauge to the passenger railways now laid in the city of 
Philadelphia ; and no freight or burthen trains or locomotives 
shall be permitted to pass over said railway. 

Section 5. That dividends of so much of the profits of 
said company as shall appear to be advisable to the directors 
shall be declared semi-annually, in each and every year, and 
be paid at the office of the said company at any time after 
ten days after declaring the same; but such dividends shall 
in no case exceed the amount of the net profits of said com¬ 
pany, so that the capital stock thereof shall at no time be im¬ 
paired thereby ; and if said directors shall make and declare 
any dividend impairing the capital stock of said company, 
the directors consenting thereto shall be liable, in their in¬ 
dividual capacities, to said company for the amount so divi¬ 
ded, and each director present when such dividend shall be 
declared shall be considered as consenting thereto, unless he 
or they shall at the time thereof enter his or their written 
protest against the same, and shall cause the said protest to 
be entered upon the minutes of the board and give public 
notice of the same. 

Section 6 . The‘said company shall make, have and use a 
common seal, and alter and renew the same at pleasure; and 
also shall have the power to ordain, establish and put in exe¬ 
cution such by-laws, ordinances and regulations as shall ap¬ 
pear necessary or convenient for the government of the said 
corporation, and not being contrary to the constitution of the 
United States or of this commonwealth, and generally to do 
all and singular the matters and things which to them shall 
lawfully appertain for the well being of said corporation and 
the proper order and management thereof. 

Section 7. That the persons herein named, or a majority 
of them, may proceed to organize said company and obtain 
subscriptions to the capital stock thereof; and said company 
shall have power to elect a president, vice president and five 
directors, a majority of whom shall be citizens of Philadel- 


Authorized to 
purchase real 
estate, equip¬ 
ments, &c. 


Gauge. 


Prohibition 


Dividends, rel¬ 
ative to. 


Seal 


By-Laws 


Organ' zation 


Election of 
officers. 


26 


Votes. 


Subject to. 


Notice of time 
and place of re- 
c e i v i n g sub¬ 
scriptions, not 
required. 


Must conform 
to established 
surveys,grades 
&c. 


Rate of speed 


Consent of 
councils not 
necessary. 


Subject to ci'y 
ordinances. 


May cross at 
grade, and con¬ 
nect with other 
roads. 


Empire. 

phia, and also such other officers as may be deemed expedi¬ 
ent ; and at all elections each share of stock represented, 
either in person or by proxy, shall entitle the holder to one 
vote. 

Section 8. The said company shall be subject to all the 
provisions and restrictions of an act regulating railroad 
companies, approved the nineteenth day of February, one 
thousand eight hundred and forty-nine, and the several sup¬ 
plements thereto, so far as the same are not altered or sup¬ 
plied by this act: Provided , That the provision in the first 
section of said act, which requires the commissioners named 
in any special act incorporating any passenger railroad com¬ 
pany, to give public notice of the time and place for opening 
books for receiving subscriptions to the capital stock of such 
company, is hereby declared not to extend or apply to this 
act or to the commissioners herein named ; and the said com¬ 
pany in constructing their road shall conform to the surveys 
and grades now established or hereafter to be established by 
law of the several streets or avenues traversed by said road, 
and may, at the costs and expense of said company, lay flag¬ 
stones or crossings along the line of the paved streets upon 
which the rails are laid, at intervals not exceeding two hun¬ 
dred and fifty feet, and shall be at the entire cost and ex¬ 
pense of re-paving that may be made necessary upon any 
street on account of laying the track of said compan}'; and 
it shall not be lawful for the said company to run their cars 
at a greater rate of speed than six miles an hour ; and the 
said company is hereby authorized and empowered to con¬ 
struct and lay the said railway without obtaining the con¬ 
sent of the city councils of the city of Philadelphia ; but 
whenever the said railway shall be laid and used by running 
passenger cars thereon, the said company shall be subject to 
the ordinances of the city of Philadelphia regulating the 
running of passenger railway cars. 

Section 9. The said company shall have the right to cross 
at grade any railroad or railway that is now or may hereaf¬ 
ter be built within the limits of the city of Philadelphia, 
and also to connect their railway with that of any other pas¬ 
senger railway company for the purpose of completing a 
route or making a circuit, upon such terms and conditions 
as may be agreed upon by such other compauy or companies 
and the said Empire Passenger Railway Company of Phila¬ 
delphia ; and in case said railway companies cannot agree 
thereupon, such terms as the district court of Philadelphia 
may prescribe and enjoin. 


27 


Fairmount $ Arch St. 

Section 10. That the said company shall pay annually in- Taxon <n vi- 
to the treasury of the city of Philadelphia, for the use of ce " 
said city, whenever the dividends declared by said company 
shall exceed six per centum per annum on the par value of 
the capital stock thereof, a tax of six per centum on such 
excess over six per centum on the par value thus declared ; 
and the said company shall also pay such license for each License for 
car run by said company as is now paid by other passenger cars * 
railway companies in the city of Philadelphia. 

February 10, 1869. (P. L. 130.) 


Section 1 . Be it enacted by the Senate and House of Repre- 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That until the tracks of the Philadelphia, Wilmington and Authorized to 
Baltimore railroad crossing Sixteenth street, in the city of ?ti^et atharme 
Philadelphia, are removed, the Empire Passenger Railway 
Company of Philadelphia shall be authorized to use Catha¬ 
rine street for the purpose of making a connection between 
Twelfth and Sixteenth streets. 

June 2, 1871. (P. L. 1872, 1358.) 


FAIRMOUNT AND ARCH STREET CITY PASSEN¬ 
GER RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted, by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That William L. Hurst, Henry M. Phillips, Benjamin She- Commissioners 
dan, Pearce Butler, William Randall, George Kirkpatrick, 

H. B. Whipple, Isaac Leech, Jr., E. P. Camp, George Thomas, 

W. Marshall, Thomas Pritchett, Job R. Tyson, William 
Boyd, James B. Smith, Lewis Bitting, R. J. Hemphill, 

Daniel Dougherty, John J. Boland, John Powers, Joseph J. 

Lipp, Jeremiah King, Ellis S. Archer, Jacob Dock, William 
H Moore, Benjamin W. Tingley, Benjamin H. Frederick, 

Samuel R. Brick and Bernard Berens, be and they are hereby 





28 


Style. 

Route 

May hold real 
estate. 

Proviso. 

Capital stock. 
Proviso. 


Dividends. 


Seal. 

By-laws. 


Fairmount $ Arch St. 

appointed commissioners to open books, and sell stock, in 
accordance with the provisions of the general railroad law, 
and organize a company by the name, style and title of the 
Fairmount and Arch Street City Passenger railway com¬ 
pany ; which said company shall have power to lay out and 
construct a railway, commencing at Tenth and Arch streets, 
and continuing westwardly along the same, with a double 
track, to Twentieth and Twenty-first streets, respectively, 
with single track to Callowhill street; and thence westwardly, 
with double track, to wire bridge, at Fairmount, and shall 
have power to convey passengers over the same ; and the 
said company shall also have the right to purchase real 
estate, and to erect thereon such buildings and improve¬ 
ments as may be deemed expedient and necessary for the 
purposes of said company ; and also to purchase the neces¬ 
sary equipments for said railways: Provided , That no freight 
or burden trains, or locomotives, shall be permitted to pass 
over the same. 

Section 2. That the capital stock of said company shall 
consist of four thousand shares of fifty dollars each : Provided , 
That said company may from time to time, by a vote of the 
stockholders at a meeting convened for that purpose, increase 
their capital stock as much as, in their opinion, may be ne¬ 
cessary to complete said railway or railways, and to carry 
out the true intent and meaning of this act. 

Section 3. That dividends of so much of the profits of said 
company, as shall appear advisable to the directors, shall be 
declared in the months of January and July in each and 
every year, and be paid at the office of said company any 
time after ten days from the time of declaring the same ; but 
said dividends shall, in no case, exceed the amount of the 
net profits of said company, so that the capital stock shall 
never be impaired thereby, and if said directors shall make 
any dividend impairing the capital stock of said company, 
the directors consenting thereto shall be liable, in their indi¬ 
vidual capacities, to said company for the amount so divided ; 
and each director present when such dividend shall be de¬ 
clared, shall be considered as consenting thereto, unless he or 
they enter protest upon the minutes of the board, and give 
public notice of the same. 

Section 4. That the said company shall make and have a 
common seal, and the same to alter or renew at pleasure ; and 
also to ordain, establish and put in execution such by-laws, 
ordinances and regulations as shall appear necessary or con¬ 
venient for the government of said corporation, and not being 


29 


Fairmount § Arch St. 

contrary to the constitution and laws of the United States, or 
of this commonwealth ; and generally to do all and singular 
the matters and things which to them it shall lawfully ap¬ 
pertain to do for the well being of said corporotion, and the 
due ordering and managing of the affairs thereof. 

Section 5. That said company shall have power to elect 
or appoint a president and five directors, a majority of whom, 
with the president, shall be citizens of Philadelphia, and such 
other officers as may be deemed necessary or expedient, and 
in every election for officers each share of stock shall entitle 
the holder to one vote. 

Section 6 . That said company shall have power to raise on 
bonds any sum not exceeding one-half of their capital stock, 
for the purpose of carrying out the true intent of this act: 
Provided , that said bonds shall not be issued for a less sum 
than one hundred dollars each. 

Section 7. That the said railroad company shall not con¬ 
nect with any railroad other than for passenger purposes, and 
of the same guage, under the penalty of a forfeiture of their 
charter; and the said company shall annually pay into the 
treasury of the city of Philadelphia, for the use of said city, 
whenever the dividends shall exceed six per centum per an¬ 
num on the capital stock, the sum of six per centum on the 
said dividend thus declared : Provided , That whenever any 
damages may be sustained by reason of this company taking 
possession of lands or other property other than above de¬ 
scribed, except so far as the usufruct of the before named 
streets, necessary to the full and perfect enjoyment of the 
purposes by this act designed, the said damages shall be 
assessed and paid in the manner according to the provisions 
of the eleventh section of the act of nineteenth of February, 
Anno Domini, one thousand eight hundred and forty-nine, 
entitled, “ An Act regulating railroad companies: ” And 
'provided further , That before the said company shall use and 
occupy the said streets, the consent of the councils of the 
city of Philadelphia shall be first obtained ; and said con¬ 
sent shall be taken and deemed to have been given, if said 
councils shall not within thirty days after the passage of 
this act, by ordinances duly passed, signify their disapproval 
thereof; and said city councils may from time to time by 
ordinance establish such regulations in regard to said rail¬ 
way, as may be required for the paving, re-paving, grading, 
eulverting, and the laying of gas and water pipes in and 
along said streets, and to prevent obstructions thereon. 


Officers. 


May issue 
bonds. 


Proviso. 


Shall not con¬ 
nect with any 
other than pas¬ 
senger railway 


Per cent on div 
idends to be 
paid into city 
treasury. 

Damages. 


Subject to 


Consent of city 
council to be 
obtained. 


30 


Must conform 
to grades of 
streets. 


Purchase of 
omnibuses &c. 


Proviso. 


M a y connect 
with other rail¬ 
ways. 


Proviso. 


Proviso. 


Proviso. 


Fairmount $ Arch St. 

Section 8. That said company, in constructing said road, 
shall conform to the grades now established or hereafter to 
be by law established, of the several streets and avenues tra¬ 
versed by said road, and keep said streets and avenues in per¬ 
petual good repair, at the proper expense of said company. 

Section 9. And the .company shall purchase, at the option 
of the owners, the stock of horses, omnibuses, sleighs and 
harness owned and used upon the said Arch street at the 
time of making the road, (not exceeding those now in use 
on said avenue,) at a price to be assessed as follows: The 
owners to choose one disinterested person, and the said 
company another person, and the two thus chosen shall 
choose a third, who shall appraise said stock, and the value 
thus arrived at and reported within ten days, shall be final: 
Provided , That this company shall be subject to an ordi¬ 
nance of the city councils, entitled, u An Ordinance to regu¬ 
late passenger railways within the city of Philadelphia,’ 
approved the seventh day of July, Anno Domini one thou¬ 
sand eight hundred and fifty-seven. 

Section 10. The said company shall have the power to 
connect and run over any railway or portion of railway, 
that now is or may be hereafter constructed ; and shall have 
power to build a road or portion of a road for the purpose 
of connecting with, or completing a route on such streets as 
may be necessary, and shall have power to convey passengers 
over the same : Provided, That before the said company shall 
run their cars on the track or tracks of any other passenger 
railway, they shall agree with such other company or com¬ 
panies, upon the terms or compensation to be paid said 
company or companies, for the privilege of using said roads ; 
and that if the said parties shall not be able to agree upon 
terms, then either party shall apply to the court of common 
pleas, who shall appoint three disinterested persons, whose 
adjustment shall be binding and final: Provided , That the 
West Philadelphia Passenger railway company shall have 
the right to connect with the said Fairmount and Arch 
Street passenger railway company, by way of Twentieth and 
Twenty-first streets, upon such terms and conditions as may 
be agreed upon in the tenth section of this act: Provided 
further, That any passenger railroad that is now, or may be 
hereafter incorporated, connecting with or crossing the 
same, shall have the right to run their cars upon said road, 
upon terms to be agreed upon by said parties interested ; 
and if the said parties cannot agree, then the district court 
of the city of Philadelphia shall, upon petition presented by 


31 


Fairmount $ Arch St. 

either party, appoint two persons, who shall lix the amount 
to be paid by the parties using the same: Provided , That the Proviso, 
said company shall be subject in all respects to the general 
provisions of the general law regulating railroads, approved 
the nineteenth day of February, one thousand eight hundred 
and forty-nine, and the several supplements thereto. 

April 16, 1858. (P. L. 3 k z0.) 


Whereas, Heretofore, to wit: on the sixteenth day of April preamble. 
Anno Domini, one thousand eight hundred and fifty-eight, 
the general assembly of this commonwealth passed an act to 
incorporate the Fairmount and Arch Street Passenger rail¬ 
way company : 

And whereas , It was provided amongst other things in 
said act that before the said company should use and occupy 
the streets for the purpose of constructing a passenger rail¬ 
way, the consent of the councils of the city of Philadelphia 
should be first, obtained, aud that said consent should be 
deemed to have been given, if said councils should not 
within thirty days after the passage of the act signify their 
disapproval thereof: 

And whereas , Afterward, to wit: the fifth day of May, 

Anno Domini, one thousand eight hundred and fifty-eight, 
the said city councils by ordinance duly passed, did disap¬ 
prove of the said act of assembly, which ordinance was 
passed for the purpose of preventing the said act from taking 
effect within thirty days aforesaid: 

An't whereas , Subsequently to the passage of the same to 
wit: on the eleventh day of August, one thousand eight 
hundred and fifty eight, the company was duly organized 
under said act of assembly, for the purposes mentioned there¬ 
in, letters patent being on said day issued by the governor 
of the commonwealth: 

And whereas , On the sixteenth December, one thousand 
eight hundred and fifty-eight, the consent of the councils of 
the city of Philadelphia was duly given to the use and occu¬ 
pation of certain streets mentioned in said ordinance, the 
said company, for the purpose of constructing a passenger 
railway thereon: 

And whereas , relying on said act of assembly and the said 
ordinance, the said company have expended large sums of 



32 


lioute. 


Useandoccupa 
tion of streets. 


Certain acts re¬ 
pealed. 


Proviso. 


Consen t of 
councils to be 
obtained. 


Fairmount $ Arch St. 

money in purchasing materials^ making contracts in the 
actual execution of said work, a considerable portion of it 
having been already -fully completed : 

And whereas , Under certain proceedings commenced in 
the supreme court of this state, said company has been 
enjoined from the further prosecution of the work, for the 
reason that the said city councils had no povrer to pass the ordi¬ 
nance, giving their assent to the occupancy of the streets, 
after having dissented therefrom within the thirty days 
mentioned in the said act: 

And whereas, Common justice requires that the corporate 
powers heretofore given to to said company, should be main¬ 
tained ; therefore, 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and, it is hereby enacted, by the authority of the same , 
That the Fairmount and Arch Street City Passenger railway 
company be and they are hereby authorized to construct a 
railway on the route mentioned and set forth in the first sec¬ 
tion of the act to which this is a supplement, and that they 
shall have power to convey passengers over the same, as if 
the consent of the councils of the city of Philadelphia, to the 
use and occupation of the streets mentioned in said first 
section, had been given in due form of law, within thirty 
days after the passage of the act to which this is a supple¬ 
ment, as provided for by the seventh section of said act. 

Section 2. That the tenth section of said act to which 
this is a supplement, is hereby repealed; and in lieu thereof 
the said company are hereby authorized to connect with and 
run over any passenger railroad or railroads, that is now or 
may hereafter he constructed, so as to give the said company a 
complete route from Fairmount to the Exchange, in the said 
city of Philadelphia: Provided , That before the said com¬ 
pany shall run their cars on the track or tracks of any 
passenger railway or railways, they shall agree upon the 
terms of compensation to be paid said company or compan¬ 
ies, for the privilege of using said road or roads ; and that 
if the said parties shall not agree, then either parties shall 
apply to the court of common pleas, who shall appoint three 
disinterested persons, whose adjustment shall be final. 

Section 3. That said company may, after the special con¬ 
sent of councils of the city of Philadelphia shall have been 
first obtained, by ordinance duly passed, in lieu of two tracks 


33 


Fairmount Arch St. 

on that part of Callowhill street which is between Ham¬ 
ilton and Twenty-second street, construct one of their tracks Route changed 
on Twenty-second street, from Callowhill to Hamilton, and 
thence west on Hamilton street to Callowhill street: And Proviso. 
provided, That said company shall be subject, in all respects to 
the general provisions of the general law regulating railroads, 
approved the nineteenth day of February, Anno Domini one 
thousand eight hundred and forty-nine, and the several sup¬ 
plements thereto. 

Section 4. That the charter of the said company shall be councils reia f 
and remain in as full force as if said councils had assented tiveto. 
thereto by ordinance, within thirty days from the passage 
thereof. 

March 24, 1859. (P. L. 234.) 


ORDINANCES. 

Whereas, By the provisions of an Act of Assembly, ap¬ 
proved April 16, 1858, entitled u An Act to Incorporate the 
Fairmount and Arch street City Passenger Railway Com¬ 
pany, ” the right is reserved to the City Councils to disap¬ 
prove of the said Act of Assembly, and of the right of the 
said Company to Ocetipy the streets and highways of the said 
city within thirty days from the passage of the said Act of 
Assembly; therefore, 

Section 1. The Select and Common Councils of the City Disapproval of 
of Philadelphia do ordain, That in pursuance of the power company/ ° f 
and authority in them vested by the said Act of Assembly, 

Councils do hereby declare their disapproval of the said Act 
of Assembly in the above preamble mentioned, and of the . 
rights therein respectively granted to “ The Fairmount and 
Arch street City Passenger Railway Company,” to occupy 
the streets and highways of the city of Philadelphia. 

May 5, 1858. (Ords. 177.) 


Section 1. The Select and Common Councils of the City consentmg to 
of Philadelphia do ordain, That the consent of the Councils designated^n 
of the City of Philadelphia be, and the same is hereby given charter, 
to the use and occupation by the Fairmount and Arch street 
City Passenger Railway Company of the following streets, 
viz : _commencing at Tenth and Arch streets and continuing 




34 


Condition. 


Proviso. 


Covenant to ob¬ 
serve city ordi¬ 
nances, &c. 


To surrender 
to c o m m o n - 
wealth certain 
franchises. 


Repeal. 


Fairmount § Arch St. 

westwardly along the same with double track to Twentieth 
and Twenty-first streets, respectively, with single track to 
Callowhill street, and thence westwardly with double track 
to Wire Bridge at Fairmount, .as provided for in an Act of 
the General Assembly of the Commonwealth, entitled “ An 
Act to incorporate the Fairmount and Arch street City Pas¬ 
senger Bailway Company,” approved April 16,1858, and up¬ 
on no other streets, and this consent and allowance is given 
upon the condition that the said Company shall not exercise 
any power conferred upon them to build any road on any 
other streets than those hereinbefore designated, and should 
they at any time hereafter construct or commence to con¬ 
struct, without further express consent of Councils thereto, 
any road upon any other street or streets than those herein¬ 
before designated, then the consent hereby given shall cease 
and terminate, and the said Company shall have no longer 
the right to run and use the said railway on the streets afore¬ 
mentioned ; and provided further, that within ninety days 
from the date of approval of this Act, and before the said 
Company shall in anywise use the said streets, the said Com¬ 
pany shall file in the office of the City Solicitor, a covenant 
under their common seal to observe and be subject to all Or¬ 
dinances of the City of Philadelphia then in force, or at any 
time thereafter to be passed, and especially to comply with 
the provisions of this Ordinance, and to construct no other 
railroad or portion of a railroad than is hereby consented to 
and allowed, without the express consent of Councils thereto 
first had and obtained, and also within ninety days from the 
approval of this Ordinance, and before occupying any of said 
streets to execute and file in the office of the Department of 
State, an instrument in writing, surrendering to the Com¬ 
monwealth of Pennsylvania ail and every power, franchise 
and right to construct any road or portion of a road under 
the authority of the Tenth Section of their charter, and any 
Ordinance that may be inconsistent herewith be and the same 
is hereby repealed. 

December 16, 1858. (Ords. 488.) 


Whereas, By an Act of Assembly, approved March 25th, 
1859, entitled, “ A Supplement to an Act entitled ‘An Act 
to incorporate the Fairmount and Arch Street City Passen¬ 
ger Railway Company, approved April 16th, A. D. one 
thousand eight hundred and fifty-eight,” ’ the said Company 



35 j Fairm’t. Park $ Del. River. 

are authorized, after the special consent of the Councils of 
the City shall have been first obtained, by Ordinance duly 
passed, in lieu of two tracks in that part of Callowhill street 
which is between Hamilton and Twenty-second street, to con¬ 
struct one of their tracks o.n Twenty-second street, from Cal¬ 
lowhill street to Hamilton street, and thence westward, on 
Hamilton street to Callowhill street; therefore, 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That the consent of the said Coun¬ 
cils is hereby given to the construction, by the Fairmount 
and Arch Street City Passenger Railway Company, of one of 
their tracks on Twenty-second street, from Callowhill street 
to Hamilton street, and thence west on Hamilton street to 
Callowhill street, in lieu of two tracks on that part of Cal¬ 
lowhill street which is between Hamilton and Twenty-second 
street. 

April 23, 1859. (Ords. 198.) 


FAIRMOUNT PARK AND DELAWARE RIVER 
PASSENGER RAILWAY CO. 

(Formerly Richmond and Schuylkill Passenger Railway 
Company.) 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same ., 
That Samuel Overn, William Eckfelt, George F. Keyser, Sam¬ 
uel Ogden, Charles S. Wayne, James S. Pringle, George B. 
Enochs, Townsend Yearsley, Henry Neil, Joseph R. Flani¬ 
gan, William B. Mann, Thomas Ellis, Byard Robison, 
James H. Billington, D. D. Jones, George A. Coffee, Stephen 
P. Hill, Alexander Cummings, Peter C. Ellmaker, Joseph 
M. Cowell, Edward Gratz, John M. Riley, Edmund Dingee, 
and Joseph Wood, or a majority of them, are hereby ap¬ 
pointed commissioners to open books, receive subscriptions, 
and organize a company under the name and title of the 
Richmond and Schuylkill Passenger railway company, and 


Consent to 
change of 
tracks. 


Commissioner 


Title. 




FairrrCt. Park $ Del. River. 36 

as such shall have power to lay out and construct, or cause 
to be constructed, a railway, in the city of Philadelphia, 
Route. beginning at or near the eastern end of Franklin avenue, at 

or near Richmond ; thence along said Franklin avenue and 
Girard avenue, with a double track, until it reaches South 
College avenue, south of Girard college ; thence by single 
track along said South College avenue, until it shall strike 
Poplar street; thence along Poplar street to the West 
College avenue or Twenty-fifth street; thence northwardly 
along West College avenue to North College avenue; 
thence eastwardly along North College avenue to Ridge 
avenue; thence along said Ridge avenue to connect with the 
Douoietrack, double track at Girard avenue; also to connect with single 
single track, track at Girard avenue and West College avenue or Twenty- 
fifth street, with a double track, westwardly along Girard 
avenue to the Girard avenue bridge, at the river Schuylkill. 
Privilege to This company shall, at any future time, have the privilege 
Schuyikfn 1 and of crossing the river Schuylkill by the Girard avenue bridge, 
bu id a bridge. auc [ 0 f extending the said road to Lancaster avenue; and 
Extension of the said Richmond and Schuylkill railway company shall 
have the right to cross at grade and connect with any other 
road now built, or that may hereafter be built in the city of 
Philadelphia ; and the said Richmond and Schuylkill rail- 
May hold real way company shall have the right to purchase real estate 
estate. and to erec t thereon such buildings and improvements as 

may be deemed expedient and necessary for the purposes of 
said company. 

capital stock. Section 2. That the capital stock of the said company 
shall consist of two thousand shares of fifty dollars each, 
and that the said company may from time to time, by vote 
of the stockholders, at a meeting called for that purpose, of 
which meeting thirty days’ notice shall be given in two or 
more papers in the city of Philadelphia, increase the capital 
stock to an amount sufficient to carry out the true intent and 
meaning of this act; and for the purpose of completing and 
equipping the said railway, the said company shall have the 
May issue power to raise on bonds any sum of money not exceeding one 
bonus. hundred thousand dollars, at no greater rate of interest'than 

Proviso. seven per centum per annum : Provided , That no bond shall 

be issued for a less amount than one hundred dollars, nor for 
fractions of dollars. 

Dividends. Section 3. That dividends of so much of the profits of said 
company as shall appear advisable to the directors, shall be 
declared semi-annually, in the months of January and July, 


37 Fairm’t. Fark £ Bel. River. 

in each and every year, and be paid at the office of said com¬ 
pany, at any time after ten days from the declaring of the 
same ; but the said dividends shall in no case exceed the 
amount of the net profits, so that the capital stock shall never 
be impaired thereby. 

Section 4. That said company shall have power to elect 
seven directors, a majority of whom shall be citizens of the 
city of Philadelphia; and said directors, at their first meet¬ 
ing after their election, shall elect one of their number as 
president of the said company, and elect or appoint such 
other officers as may be deemed necessary or expedient. Tii 
every election by the stockholders of this railway company, 
each share of stock shall entitle the holder to one vote. 

Section 5. That the said company shall make and have a 
common seal, and the same to alter and renew at pleasure ; 
also shall ordain, establish and put in execution such by-laws, 
ordinances and regulations as shall appear necessary or con¬ 
venient for the government of said corporation, and not con¬ 
trary to the constitution and laws of the United States, or 
of this commonwealth. 

Section 6. That the said company shall be subject to the 
provisions of all ordinances heretofore, or that may be here¬ 
after passed by the councils of the city of Philadelphia, regu¬ 
lating city passenger railways in said city. 

March 26, 1859. (P. L. 241.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
That the par value of the shares of the Richmond and 
Schuylkill Passenger railway company be reduced to twenty 
dollars per share, and the number of shares shall be and is 
hereby increased to five thousand shares, of the par value of 
twenty dollars each, instead of two thousand shares, at fifty 
dollars, as heretofore. 

Section 2. That it shall be lawful for said railway com¬ 
pany to lay a second track on South College’avenue, from 
Corinthian avenue to West College avenue, and lay a return 
track on Twenty-ninth street, from Girard avenue to Poplar 
street, and along Poplar street to West College avenue, as 
aforesaid. 

April 27, 1861. (P. L. 1862, 567.) 


Election of offi¬ 
cers. 


Votes. 


Seal. 


By-laws. 


Subject to. 


Par value of 
shat es reduced 


Number of 
shares increas¬ 
ed. 


Authorized to 
lay a second 
t.ack. 



Extending 
route of com¬ 
pany. 


Requiring re¬ 
pair of Girard 
avenue. 


Authorized to 
lay additional 
tracks. 


Proviso. 


Authorized to 
operate steam 
cars for one 
day. 


Fairm’t. Park § Del. River. 38 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Fairmount Park and Delaware River Passenger 
Railway Company shall have the right to construct, or cause 
to be constructed, a railway track, east of Franklin Avenue, on 
Palmer street to Beach street; thence along the said Beach 
street to Shackamaxon street; thence along the said Shacka- 
maxon street, to Franklin Avenue and connecting, with their 
track, on the north side of Girard avenue, at Leopard street. 

March 17, 1865. (P. L. 417.) 


RESOLUTIONS AND ORDINANCES. 

Resolved , By the Select and Common Councils of the City 
of Philadelphia, that the attention of the Chief Commissioner 
of Highways is directed to the condition of Girard Avenue, 
along the line of the Girard Avenue Passenger Railroad 
Company, and that he is directed to enforce the law compel¬ 
ling the said Company to repair said Girard Avenue. 

October 25,1862. (Ords. 349.) 


Resolved , by the Select and Common Councils of the City of 
Philadelphia , That the Fairmount Park and Delaware River 
Passenger Railway Company are hereby authorized to lay a 
single railroad track from the present terminus of their road 
along Girard avenue to Palmer street; thence along Palmer 
street to Beach street; thence along Beach to Shacka¬ 
maxon street; thence along Shackamaxon street to Girard 
avenue: Provided , That said rails shall be laid in a manner 
satisfactory to the Chief Engineer and Surveyor, and shall 
conform to the established grades of the streets along which 
the same shall be laid: And provided , They keep said streets 
in good repair. 

March 30, 1866. (Ords. 103.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Mayor be and he is au¬ 
thorized to grant permission to Charles J. Miller to ope¬ 
rate on the lines of the Second and Third streets and Girard 





39 


Fairmount. 


avenue (Germantown) Passenger Railways his patent noise¬ 
less steam passenger car for a period not to exceed one day : 
Provided , That he first pay fifty dollars into the City Treas¬ 
ury for printing this Ordinance. 

July 10,1876. (Ords. 193.) 


FAIRMOUNT PASSENGER RAILWAY COMPANY. 

ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority of the 
same , That Robert Morris, E. F. Prentiss, R. Coulton Davis, 
Joseph B. Hanson, George Chandler, James M. Smith, Seneca 
E, Malone, William H. James, Joseph C.’ Kern, James Stroup, 
Thomas Allman, William Penrose, Aaron B. Ivins, Richard 
Stokes, George C. Bower, Henry Grambo, Stephen N. Win¬ 
slow, William K. Bray, John Derbyshire, Morris Davis, La¬ 
fayette Baker, Peter C. Ellmaker, John Ashton, M. D., Jona¬ 
than Loyd, James Steel, S. J. Ray, John White, William An- 
spach, Solomon Bunn, Joseph Harrison, Jr., William H. Har¬ 
ding, D. R. Smith, Isaac M. Krupp, Charles A. Jones, N. R. 
Mosely, Isaac W. Ashton, S. Martin Zulick, or any five of 
them, are hereby appointed commissioners to open books, re¬ 
ceive subscriptions and organize a company by the name, 
style and title of the Fairmount Passenger Railway Company, 
and as such shall have power to lay out and construct a rail¬ 
way in the city of Philadelphia, according to the following 
routes: From the south side of Fairmount to Callowhill 
street, respectively; thence east on Callowhill street to 
Twenty-third; thence south to Vine street; thence east 
to Second street; thence south to Walnut or Dock streets ; 
thence west to Third street; thence north to Race street; 
thence west to Twenty-second street; thence north to Cal¬ 
lowhill street, with a double track on Callowhill street to 
Fairmount, the place of beginning, with the right to inter¬ 
sect and run their cars over any railroad already incorporated, 
or which may hereafter be incorporated and located on Sec¬ 
ond street; from Vine to Dock street; from Dock to Third 
street, and from thence to Race street, in said city, upon such 
terms as may be agreed upon by the parties interested, or in 
case the parties interested cannot agree upon the terms afore- 


Proviso. 


Commissioners 


Style. 

Route. 

To intersect 
with certain 
other railroads 


Upon what 
terms. 



Fairmount 


40 


When parties 
cannot agree, 
councils to fix 
terms. 


Real estate. 


Capital. 


Dividends. 


Seal. 


By-laws, ordi¬ 
nances, &c. 


Officers. 


said, then the city councils, upon petition of either of the 
parties interested, shall fix the terms in such manner as shall 
be deemed right and equitable, and shall have power to con¬ 
vey passengers over the same; and the said company shall 
also have the right to purchase real estate and to erect there¬ 
on such buildings and improvements as may be deemed ex¬ 
pedient and necessary for the purposes of said company, and 
also to purchase the necessary equipments for said railways; 
and no freight or burden trains, or locomotives, shall be per¬ 
mitted to pass over the same. 

Section 2. That the capital stock of said company shall 
consist of six thousand shares of fifty dollars each : Provided, 
That said company may from time to time, by a vote of the 
stockholders, at a meeting convened for that purpose, to in¬ 
crease their capital stock as much as in their opinion may be 
necessary to complete said railways, and to carry out the true 
intent and meaning of this act. 

Section 3. That dividends of so much of the profits of said 
company as shall appear advisable to the directors, shall be 
declared in the months of January and July in each and every 
year, and be paid at the office of said company, any time af¬ 
ter ten days from the time of declaring the same; but said 
dividends shall in no case exceed the amount of the net pro¬ 
fits of said company, so that the capital stock shall never be 
impaired, thereby ; and if said directors shall make any divi¬ 
dend impairing *the capital stock of said company, the direc¬ 
tors consenting thereto, shall be liable in their individual 
capacities to said company for the amount so divided, and 
each director present when such dividend shall be declared, 
shall be considered as consenting thereto, unless he or they 
enter protests upon the minutes of the board and give public 
notice of the same. 

Section 4. That the said company shall make and have a 
common seal, and the same to alter and renew at pleasure, 
and also to ordain, establish and put in execution such by¬ 
laws, ordinances and regulations as shall appear necessary or 
convenient for the government of said corporation, and not 
being contrary to the constitution and kws of the United 
States or of this commonwealth, and generally to do for the 
well being of said corporation and the due ordering and 
managing of the affairs thereof. 

Section 5. That said company shall have power to elect or 
appoint a president and five directors, a majority of whom, 


41 


Fairmount. 


with the president, shall be citizens of Philadelphia, and such 
other officers as may be deemed necessary or expedient; and 
in every election for officers each share of stock shall entitle 
the holder to one vote. 

Section 6 . That said company shall have power to raise on 
bonds any sum not exceeding one-half of their capital stock, 
for the purpose of carrying out the true intent of this act: 
Provided, That no hood shall be issued for a less sum than 
one hundred dollars. 

Section 7. That the said railroad company shall not con¬ 
nect with any railroad other than for passenger purposes, and 
of the same guage, under the penalty of a forfeiture of their 
charter; and the said company shall annually pay into the 
treasury of the city of Philadelphia, for the use of said city, 
whenever the dividends shall exceed six per centum on the 
said dividends thus declared ; and the said company before 
commencing said road upon the said streets, shall purchase, 
at the option of the owners, all the stock of horses, omni¬ 
busses, sleighs and harness and incidentals owned and used 
upon the said streets at the time of commencing the said 
road, at a price to be assessed in the following manner, to 
wit: The said company shall choose one disinterested person, 
and the said owners shall choose a second person, and the two 
thus chosen shall choose a third person, who together shall 
appraise such stock, and the value thus arrived at shall be 
binding and final: Provided , That whenever any damages 
may be sustained by reason of this company taking posses¬ 
sion of lands or other property, other than above described, 
except so far as the usufruct of the before named streets ne¬ 
cessary to the full and perfect enjoyment of the purposes by 
this act designed, and the said damages shall be assessed and 
paid in the manner and according to the provisions of the 
eleventh section of the act of nineteenth of February, Anno 
Domini one thousand eight hundred and forty-nine, and the 
several supplements thereto, entitled “An Act regulating 
railroad companies And 'provided further, That before the 
said company shall use and occupy the said streets, the con¬ 
sent of the councils of the city of Philadelphia shall be first 
obtained ; and said consent shall be taken and deemed to 
have been given, if said councils shall not within thirty days 
after the passage of this act, by ordinances duly passed, sig¬ 
nify their disapproval thereof; and said councils may from 
time to time by ordinance establish such regulations in re¬ 
gard to said railway as may be required for paving, re-pa v- 


M a y issue 
bauds. 


Must not con¬ 
nect with any 
other than pas¬ 
senger railway 


Per cent, to the 
city. 


Purchase of 
omnibuses, \c. 


Damages, 


Subject to. 


Consent of city 
councils to be 
obtained. 


Fairmount . 


42 


ing, grading, culverting and laying of gas and water, pipes 
in and along said streets, and to prevent obstructions thereon. 

?o USt ra°d f e r of Section 8. That said company in constructing said road, 
streets. 3, e 0 shall conform to the grades now established or hereafter to 
be by law established, of the several streets and traversed by 
said roads, and keep said streets in perpetual good repair at 
the proper expense of said company. 

April 13, 1858. (P. L. 257.) 


Preamble. Whereas, The Fairmount Passenger Railway Company 

has become greatly embarrassed, by numerous unsettled 
claims, and complicated legal questions, arising from impro¬ 
vident expenditures, and from misconduct of its former offi¬ 
cers, which cannot be determined for many years to come: 

And whereas , The bondholders, stockholders, and creditors, 
interested in said company, have, by very general consent, 
agreed to the terms of a proposed compromise, whereby the 
difficulties and embarrassments, of said company, are to be 
adjusted and settled; and it is proper that the litigation, 
likely to grow out^of the complicated affairs of said company, 
should be avoidecf and prevented ; therefore, 

Section 1 . Beit enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the number of shares of stock, authorized to be issued, 
by the said company, shall be sixteen thousand, and that the 
shares of stock, heretofore issued, by the said company, and 
which have been purchased, or hypothecated for valuable 
consideration, shall be estimated, and taken, as a part of the 
said sixteen thousand shares, and shall be as good and valid 
stock, as though the same had been regularly and lawfully 
issued by the said company. 


Number of 
shares of stock 
to be issued, 
fixed. 


Stock hereto¬ 
fore issued, to 
be taken as 
p a r t of the 
same. 


Notes hereto¬ 
fore issued, to 
be valid and 
b.nding. 


Section 2. That all the notes, heretofore issued by the 
said company, and for which a valuable consideration has 
been given or paid, shall be valid and binding, upon the said 
company, to the extent of whatever value has been given, or 
paid, for the same, with interest, at the rate of six per cent, 
per annum therefor; and the holders, thereof, shall be enti¬ 
tled to collect and receive that amount. 


A certain mort- 

b ag the ex c e o C mpa l - Section 3. That the mortgage, heretofore executed by the 
ny, declared said company, dated the fourteenth day of January, Anno 



48 


Fairmount' 


Domini one thousand eight hundred and sixty-one, in favor 
of Pearson S. Peterson and John Roache, trustees, and record¬ 
ed in . , upon all the property, real and personal, of 

the said company, shall be valid and binding upon the said 
company, to the extent, and for the uses and purposes, there¬ 
in contained, mentioned and set forth ; and the lien thereof 
shall be held to commence, from the execution and delivery 
of the said mortgage. 

Section 4. That'the bonds, issued by the said company, The bonds, is 
for a valuable consideration, under, and in pursuance of, the ^ofThe 

terms and provisions of the said mortgage, as certified to terms said 
have been so issued by the said Pearson S. Peterson and John SndSg e, upo£ 
Roaehe, trustees, shall be valid, and binding, upon the said thecom P an y- 
company ; and the holders thereof shall be entitled to all the 
rights intended to be secured to them, under, and by virtue Rights of the 
of, the said mortgage, to the extent of whatever value has holders thereof 
been given, or paid, for the same, with interest, at the rate of 
six per cent, per annum, therefor; and the holders thereof 
shall be entitled to collect, and receive, that amount. 

Section 5. That it shall be the duty of the president, and Meeting of 
directors, of the said company, within twenty days after the b? c c k aift e ”S 
passage of this act, to call a meeting of the stockholders of Sopticmorle 0 
the said company, to be held at the office of the company, in jection of this 
the city of Philadelphia, fifteen days after the date of such ‘ 
notice, for the purpose of taking into consideration the adop¬ 
tion, or rejection, of this act of assembly ; and, at such meet¬ 
ing, the vote shall be taken according to the number of shares Mode of taking 
held by each stockholder, respectively; and if, upon such the vote - 
vote being taken, it shall appear that a majority of the votes, 
according to the number of shares held by the persons vot¬ 
ing, each share being entitled to one vote, shall have been 
cast in favor of the adoption of this act, then this act of as¬ 
sembly shall be, and become, an amendment to the charter 
of the said company, and be binding upon the said company, 
from and after the date of its said adoption. 

Section 6. That as soon, thereafter, as it can conveniently a petition con- 
be done, it shall be the duty of the president, and directors, mentsandask-' 
of the said company, to cause to be presented, to the supreme pof n SJ e S e of* 
court, for the Eastern district of Pennsylvania, a petition, master and ex¬ 
setting forth the names of all the persons claiming to be stock- eery, to be p-e- 
holders and creditors, (whether as noteholders, bondholders, supreme^ouft! 
or otherwise,) of the said company, and setting forth the 
difficulties, and embarrassments, existing in the affairs of the 
said company, and praying the said court for the appoint- 


Fairmount . 


44 


Duties and pow 
ers of the mas¬ 
ter in chancery 
appointed. 


Decree to be re¬ 
ported. 


To be filed in 
office of pro- 
thonotary, and 
be final, unless 
excepted to, 
within ten days 


Notice to be 
given of the fil¬ 
ing of the de¬ 
cree. 


ment of some suitable person, with the powers of a master, 
and examiner, in chancery, for the purpose of taking testi¬ 
mony, and deciding, and reporting, a decree, settling and ad¬ 
justing the rights of all the parties, both stockholders, and 
creditors, interested in the said company. 

Section 7. That it shall be the duty of the said person, so 
appointed by the said court, within thirty days after his said 
appointment, to give notice, by a public advertisement, to be 
published twice, in the Legal Intelligencer, and to be pub¬ 
lished, for two weeks, in tw r o daily newspapers, in the city 
of Philadelphia, of his appointment; and that all persons, 
claiming to be stockholders, and creditors, whether notehold¬ 
ers, bondholders, or otherwise, are required to appear before 
him, at a time, and place, to be appointed by him, and pre¬ 
sent their claims, as stockholders, and creditors, of the said 
company ; and it shall be the duty of the said person, so ap¬ 
pointed, to examine the said claims, to take proof thereon, 
and to determine, and decide, upon the rights of the res: ec- 
tive claimants who shall appear before him; and, for those 
purposes, to adjourn, from time to time, for such period, and 
so often, as may be necessary, in order to fulfil the duties of 
his appointment; and, after having fully heard, and determ¬ 
ined the questions, so submitted to him, it shall be his duty 
to report a decree to the said court, settling, and deciding, 
who are the stockholders in said company, what number of 
shares of stock each stockholder is entitled to, who are the 
creditors of the said company, and whether such creditors 
are noteholders, bondholders, or in whatsoever other manner 
the said company is indebted to such creditor; that such re¬ 
port, or decree, shall be made, and filed in the office of the 
prothonotary of the said court; and, unless the same is ex¬ 
cepted to, within ten days after it is so filed, it shall become 
final, and binding, upon all parties, or persons, interested in 
the said company, without appeal, or writ of error, and shall 
be conclusive evidence of the fact, and rights of persons, as 
therein found reported and decreed. 

Section 8. That it shall be the duty of the person, so ap¬ 
pointed by the said court, to give notice of the filing of his 
said decree, for ten days before the same shall be filed, by 
publication, in two daily newspapers, in the said city, and 
by one insertion in the Legal Intelligencer, also published in 
said city. 

Section 9. That it shall be the duty of the said court to 
examine, and decide upon, the said exceptions, if any such 


45 


Fairmount. 


shall be filed, according to the rules of practice prevailing in court to decide 
courts of chancery, in similar cases, coming within their jur- s and C refe? 

isdiction, and to refer the case back to the said master, for back to master, 
further proof, with proper directions to him, or to make, and to make a final 
enter, a final decree, in such form and manner as may be in decree * 
accordance with equity, and the rights of the parties, and in 
pursuance of the provisions of this act of assembly ; and such Effect of 
decree, when so made, shall be final and binding, without 
appeal, or writ of error, upon the said company, and upon all 
parties, or persons, whether stockholders or creditors, inter¬ 
ested in said company ; and shall be conclusive evidence of 
the fact, and the rights, and equities, of all persons interested 
in the said company, as therein found reported and decreed. 

Section 10. That the said master, and the said court, shall Rights of stock 
hold, and declare, any stockholder, who has, heretofore, paid hSfders 1 to n °be 
valuable consideration for his said stock, to be a stockholder anddecreed 641 
of the said company ; and, also, all such persons as have ad¬ 
vanced money upon the said stock, and are holders thereof, 
by pledge or hypothecation, to be such holders; and shall, 
also, decree the amount due to them, on account of such ad¬ 
vance loan, or hypothecation ; that all noteholders, and bond¬ 
holders, shall have their rights, respectively, determined, de¬ 
clared and decreed, according to the amounts, in money, or 
other valuable consideration, which they have, respectively, 
given, advanced or loaned, for, or on account of, such bonds, 
or notes, as they may hold. 

Section 11. That it shall be the duty of Joseph J. Sharp- The receiver to 
less, the receiver of the estate, and effects, of the said com- 
pany, to file, with the said master, an account, showing the count bab 
balance of money in his hands, at such time as he shall be hands, 
required so to do, by the said master; and it shall be the 
duty of the said master, to report a distribution of the said D^stnb^ution 
balance, after deducting all the expenses, and costs, of the oS° ng cie 1 
proceedings taken in the said court, as herein provided, pro 
raU, among the said various creditors of the said company, 
according to the amounts which may be found, and decreed, 
to be due, to each, respectively. 

Section 12. That the board of directors elected, heretofore, Board of direc- 
on the twenty-fourth day of March, one thousand eight hun- ^.he eto^re 
dred and sixty-two, shall take the charge, control and man- conirof g oj f the 
ao*ement, of all the books and papers of the said company: company 01 tbe 
and after the decree, hereinbefore provided for, shall have 
been made, the said board of directors shall allow, regulate 


Fairmount 


46 


Proceedings,in 
suits pending, 
to be suspen¬ 
ded until the 
decree has 
been mad e, 
and no suits to 
be brought un¬ 
til that time. 


Proc ee dings 
thereafter. 


Authorized to 
elect an addi¬ 
tional number 
of di l ectors. 


M a y extend 
their road. 


Proviso. 


and control, the issue and transfer of stock in the said com¬ 
pany, as so found, and decreed, in the manner provided by 
the charter and by-laws of said company; and do all other 
acts, necessary and proper, in the transaction of the business 
of said company. 

Section 13. That all proceedings, in any and all suits now 
pending, by stockholders or creditors, whether as notehold¬ 
ers, bondholders, or otherwise, against said company, shall 
be suspended, until the said decree shall be made; and no 
suit shall be brought against said company, by any stock¬ 
holder, or creditor, until said decree shall have been made; 
but, so soon as such decree shall have been made, all creditors 
of said company shall have the right to proceed for the collec¬ 
tion of the amounts found to be due to them, by said decree, 
according to law ; and the suits, now pending against said 
company, may, thereafter, be proceeded with, in accordance 
with the rules of law and equity, applicable to the courts in 
which such suits are pending. 

July 17, 1862. (P. L.1863, 672.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
That the fifth section of said act [Act incorporating Fair- 
mount Passenger Railway Company] be so construed as to 
permit said Fairmount Passenger Railway Company, at its 
annual election, to elect a president and twelve directors ; 
and in case it shall be deemed expedient to increase the pres¬ 
ent number of the directors of said company, before the 
period of another annual election shall arrive, the present 
board of directors may order an election of additional direc¬ 
tors by the stockholders, who shall have the same power as 
if duly elected at the last annual election, prior to said elec¬ 
tion. 

Section 2. That the said railway company be and they 
are hereby authorized to lay a track from the terminus of 
their road, Second and Vine streets; thence east, on Vine to 
Front street; thence south to Race street; thence west to 
connect the same with the present road: Provided , That 
they first liquidate the debt for constructing the square from 
Third and Vine to Second and Vine streets. 

July 18, 1863. (P. L. 1864, 1114.) 



47 


j Fairmount. 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentative of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Fairmount Passenger Railroad Company are here¬ 
by authorized and empowered to increase the capital stock 
of said company to twenty thousand shares, of fifty dollars 
each. 

May 21, 1864. (P. L. 923.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the provisions of the act, approved the seventeenth day 
of April, one thousand eight hundred and sixty-three, en¬ 
titled “ An Act to enable the district court, of the city and 
county of Philadelphia, to quash the writ of sequestration, 
now existing against the Hestonville, Mantua and Fairmount 
Passenger Railroad Company,” shall be and the same are 
hereby extended to the Fairmount Passenger Railroad Com 
pany, and its creditors, in the district court, supreme court, 
court of common pleas, or any other court, in which pro¬ 
ceedings touching the affairs of said company are now pend¬ 
ing, subject to alt the provisos contained in said act. 

May 21, 1864. (P. L. 924.) 


ORDINANCE. 

Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, That the Fairmount Passenger 
Railway Company do pay to the Second and Third Street 
Passenger Railway Company of Philadelphia the sum of 
<eight thousand five hundred dollars in cash, and in addition 
thereto an annual rent of six hundred dollars, to commence 
on the first day of November, A. D. 1864, as compensation 
for the use of that portion of the road of the Second and 
Third Street Passenger Railway Company now used by the 
Fairmount Passenger Railway Company. 

Section 2. That the said Second and Third Street Passen¬ 
ger Railway Company, hereafter at their own expense exclu¬ 
sively, do keep in repair the railway tracks on Second 
and Third streets, and the Fairmount Passenger Railway 
Company at their own expense exclusively, do hereafter 
keep in repair the railway tracks on Race street between 
Second and Third street. 

October 27, 1864. (Ords. 401.) 


Authorizing in 
crease of capi¬ 
tal stock. 


Extending pro¬ 
visions of se- 
quest ration 
act, &c. 


Fixing compen 
sation for use 
of tracks of 
Second and 
Third street 
road. 


As to repair of 
tracks. 




Commissioners 


Title. 
Subject to 


Capital stock. 


Construction of 
railroad auth¬ 
orized. 


May connect 
with other 
roads. 


Proviso. 


Frankford $ Holmesburg. 48 

FRANKFORD AND HOLMESBURG R. R. COM¬ 
PANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House oj Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That George Clark, John B. William, William E. Evans, 
William Raphael, John Clark, Maxwell Rowland, Benjamin 
F. Crispin, Prestley Blackiston, Andreas Hartel, George S. 
Bethell, Lewis Shallcross, Ephraim Leak, George J. Hoff, 
J. T. Way, Thomas Shallcross, John Soley, Robert Patter¬ 
son, Samuel C. Willett, John Farnham, Richard Garside, 
Nathan Hillis, James K. Davis, or any five of them, be and 
they are hereby appointed commissioners, to open books, re¬ 
ceive subscriptions and organize a company, by the name, 
style and title of the Frankford and Holmesburg Railroad 
Company, with all the powers, and subject to all the provis¬ 
ions and restrictions prescribed by an act entitled “ An act 
regulating railroad companies,” approved February nine¬ 
teenth, Anno Domini one thousand eight hundred and forty- 
nine. 

Section 2. That the capital stock of said company shall 
consist of one thousand shares, of fifty dollars each: Pro¬ 
vided , That said company may, from time to time, by vote of 
the stockholders, at a meeting called for that purpose, in¬ 
crease the capital stock of said company, if it should he 
deemed necessary so to do, to an amount not exceeding one 
thousand shares. 

Section 8 . That the said company shall have the right to 
build and construct a railroad, from the village of Holmes¬ 
burg, in the Twenty-third ward, of the city ofPhiladelphia, 
to the late borough of Frankford, within said ward, and at 
such point as may be within, or near to, said borough of 
Frankford, as may connect with any railroad built and con¬ 
structed, or to be built and constructed, by the Frankford 
and Philadelphia Railway Company, of the city of Philadel¬ 
phia, or with any other railroad, built and constructed, or 
to be built and constructed, bv any other railroad company, 
located, or to be located, within the limits of the said bor¬ 
ough of Frankford, or in the vicinity thereof: Provided , 
That the officers and directors of any of said railroad compa- 



49 Frankford $ Holmesburg. 

nies, or their agents, duly authorized, can and do agree with 
the said, the Frankford and Holmesburg Railroad Company, 
so to do, if such connection be considered to the greater 
benetit of said company, and of those using said railroad. 

Section 4. That the said Frankford and Holmesburg Hoad may be 
Railroad Company, if deemed expedient, may extend said extended - 
railroad from Holmesburg to Bustleton. within said Twenty- 
third ward, of the city of Philadelphia. 

Section 5. That said company shall, within three years when to be 
from the passage of this act, commence the construction of and^ompmtS? 
said railroad ; and unless the same shall be completed within 
five years thereafter, this act shall be null and void. 

July 18, 1863. (P. L. 1864, 1115.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly ynet , and it is hereby enacted by the authority of the same , 

That the said Frankford and Holmesburg Railroad Company Authorized to 
shall have power to borrow money, in any sum, or sums, not borrow ,none y- 
exceeding fifty thousand dollars, at a rate of interest, not ex¬ 
ceeding seven per centum per annum, and for the purpose of 
securing the re-payment of the same, and the interest there¬ 
on, to issue bonds; the principal sum shall be made payable mortgage . 51 n d 
at such time as the directors may deem advisable, and the 
said bonds shall be further secured by a mortgage of, and on, proviso, 
the said railroad, and the corporate rights and franchises, 
granted by the act to which this is a supplement: Provided , 

That no bonds shall be issued for a sum less than fifty dol¬ 
lars, and that the said company shall have the right to create 
a sinking fund for the redemption of said bonds. 

Section 2. That said railroad company shall have the right ]\ Ia y extend 
to extend their road, to connect with any city passenger rail¬ 
road, leading from the city of Philadelphia, in the direction 
of Holmesburg. 

March 30, 1864. (P. L. 124.) 


Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 

That the time for the completion of the Frankford and Time of com- 
Holmesburg Railroad Company be extended three years £i® t,on extend ' 




Frankford § Southwark. 50 

Kighttoextend from the passage of this act, and that said Frankford and 
r °a,d. Holmesburg Railroad Company have the right to extend 

their road, so as to connect with the Philadelphia and Tren- 
Proviso. ton railroad, at the Holmesburg station : Provided , That the 
consent of said Philadelphia and Trenton Railroad Com¬ 
pany, to such connection, be first had and obtained. 

April 11,1866. (P. L. 693.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
E !rt ,t of° b road That the Frankford and Holmesburg Railroad Company 
without fuimi- shall have a right to build, and are hereby authorized to 
charter! ms ° f construct, a railroad, from Bustleton, by way of Holmesburg, 
so as to connect with the Philadelphia and Trenton railroad, 
at, or near, Holmesburg station, the latter consenting thereto, 
as provided in the supplement to the charter of the said 
Frankford and Holmesburg Railroad Company, approved the 
eleventh day of April, Anno Domini one thousand eight hun¬ 
dred and sixty-six, without building and constructing the 
railroad from the village of Holmesburg to the borough of 
Frankford, as provided for by Section third of an act, entitled 
u An act to incorporate the Frankford and Holmesburg Rail¬ 
road Company,” approved the eighteenth day of July, Anno 
Domini one thousand eight hundred and sixty-three; and 
that so much of the said third section, as requires the said 
corporation to construct a railroad from the village of 
Holmesburg in the Twenty-third ward of the city of Pliila- 
Repeai. delphia, to the late borough of Frankford, within the said 
ward, be and the same is hereby repealed. 

April 10, 1867. (P. L. 1003.) 


FRANKFORD AND SOUTHWARK PHILADELPHIA 
CITY PASSENGER RAILROAD COMPANY. 

(Formerly Philadelphia and Delaware River Railroad 
Company.) 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
Commissioners That John Robbins, junior, William II. Witte, John P. 

Verree, Peter Rambo, John Clouds, Hugh Clark, Michael 





51 Frankford £ Southwark. 

Day, John H. Bringhurst, J. D. Anderson, William Overing- 
ton, Joseph Jeans, Harvey Rowland, Isaac Shallcross, James 
P. Verree, junior, John Rupert, Amos A. Gregg, Samuel H. 
Crawford, Isaiah J. Williamson, Samuel Branson, James C. 

Hand, Joseph McDowell, Samuel Megarge, Alexander Der¬ 
byshire, Edward D. Potts, Joseph Barnet, Franklin A. 
Comly, John Farnum, Marmaduke Watson, of Philadelphia 
county; John Walton, John Shelmire, Hugh Warner, John 
Smith, John Hallowell, junior, Charles Blaker, James Fen¬ 
ton, George Kenderdine, Joseph B. Yerkes, Jonathan Ire¬ 
dell, Charles H. Hill, Henry Stout, Jonathan Jarrett, Oliver 
Fretz, Hiram Reading, George J. Mitchell, Asa Comly, 
David Jeans, Charles Jarrett, Jacob L. Walton, John Ire¬ 
dell, Jervis S. Smith, Daniel Carr, Charles Palmer, Lukens 
Paid, Jacob Kirk, Thomas Iredell, of Montgomery county ; 

John Davis, Louis S. Coryell, Joseph Morrison, Hugh 
Murns, Robert Banes, Griffith. Miles, Erasmus N. Hides, 
William Stavely, Simon Gere, Charles Waters, John E. 
Kenderdine, Lukens Thomas, Howard K. Sager, Captain 
Evan Groom, Colonel David Marpie, Charles A, Dubois, 

John C. Banes, James M. Boillian, Robert Darragh, Amos 
Snyder, Joseph Barnesly, John Blackford, Luther Calvin, 

John Betz, George Jamison, Thomas Dungan, Joshua Fell, 
Jonathan Walton, Elias Ott, and William Fenton, of Bucks 
county; or any three of them, be and they are hereby ap¬ 
pointed commissioners to open books, receive subscriptions, 
and organize a company, by the name, style and title of the style. 
Philadelphia and Delaware River Railroad Company, with 
power and authority to construct a railroad, beginning at a 
point north of Cherry street, Kensington, in the county of 
Philadelphia, and thence through the eastern part of Mont¬ 
gomery county, by way of the Pennepeck creek, to or near 
the village of Hatborough, and thence by way of New Hope, 
or Riegersville, or any point between said New Hope or 
Riegersville, to the borough of Easton, in Northampton 
county, subject to all the provisions and restrictions of an act 
regulating railroad companies, approved the nineteenth day of 
February, Anno Domini one thousand eight hundred and ainact. 
forty-nine, so far as the same is not altered or repealed by this 
act. And the said Philadelphia and Delaware River Rail¬ 
road Companv shall have the right to connect with the 
North Pennsylvania Railroad, at any point north of Cherry 
street and within the present bounds of the District of Ken¬ 
sington, county of Philadelphia, on such terms as may be 
mutually agreed upon, and with the concurrent action ot the 


Capital stock. 
Proviso. 


Proviso. 

Proviso. 

Connections. 


Duties of pres¬ 
ident and di¬ 
rectors. 


Frankford $ Southwark. 52 

State of New Jersey, and subject to the provisions and re¬ 
strictions of the act aforesaid, to construct a bridge across 
the river Delaware, and to connect, by one or more lateral 
or branch roads, with any railroad or other public improve¬ 
ments in the State of New Jersey; Provided, That if said 
company shall construct a bridge across the river Delaware, 
the said bridge shall be so constructed as not to interfere 
with the free navigation of said river. 

Section 2. That the capital stock of the said company 
shall consist of twenty thousand shares, of fifty dollars each ; 
Provided, That the said company may, from time to time, 
by a vote of the stockholders, at a meeting called for that 
purpose, increase the capital stock, if it should be deemed 
necessary, to an amount sufficient to carry out the true in¬ 
tent and meaning of this act/ For the purpose of complet¬ 
ing and equipping the railroad, the said company shall have 
the power of borrowing any sum, at a rate of interest not 
exceeding seven per centum per annum, and to secure the 
payment of the same by the issue of a bond and mortgage of 
the said railroad, together with the corporate rights and 
franchises granted by this act, and to annex to the said bond 
and mortgage the privilege of converting the same into capi¬ 
tal stock of the said company, at par, at the option of the 
holders, if they shall signify their election one year before 
their maturity : Provided, also, That the said company shall 
issue no certificate of loan of a less denomination than one 
hundred dollars: Provided, That any railroad now incorpo¬ 
rated, or hereafter to be incorporated, connecting with the 
New York and Erie Railroad, shall have the right of con¬ 
nection with said road. 

Section 3. That the said company shall have power to 
connect with any railroad belonging to any other com¬ 
pany, using part of the said route in any and every case 
where it may be deemed inexpedient for a time, to build the 
whole of the road authorized by this act, and the said com¬ 
pany shall have as full power and control over the part or 
parts built by the said company in every respect, as if the 
said company had built the whole of the road authorized by 
this act. 

Section 4. That the president and directors of the said 
company shall have the power, if it shall be deemed expe¬ 
dient, to exercise the same, to contract to pay to the stock¬ 
holders of the said company, at such times as the president 
and directors, or a majority of them, shall designate, interest 


53 Frankford $ Southwark . 

at the rate of six per centum per annum on all shares or in¬ 
stalments paid on the shares of the said stock until the said 
railroad shall be completed, and the profits and earnings of 
the said railroad within the same time shall be credited to 
the cost of the same: Provided , That interest shall not be Proviso, 
paid on any share of stock upon which any instalment which 
has been duly called for remains unpaid: Provided further, Proviso. 
That the stock of the said company shall not be subject to 
any tax in consequence of the payment of the interest hereby 
authorized, nor until the net earnings shall realize at least 
six per centum per annum upon the capital invested. 

Section 5. That if the said company shall not commence commence- 
the construction of said railroad within five years, and com- com¬ 

plete it in ten years from the passage of this act, the same 
shall be null and void, except so far as the same may be 
necessary to settle the affairs and pay the debts of the said 
company. 

April 4, 1854. (P. L, 759.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of t e Commonwealth of Pennsylvania in General As- 
sertnbly met, and it is hereby enacted by the authority of the same , 
That the capital stock of the Philadelphia and Delaware 
River Railroad Company be and the same is hereby reduced 
to ten thousand shares, subject to all the provisions of the 
act to which this is a supplement; and that John F. Lamb, 
John Foulkrod, Peter Castor, Charles E. Kreamer, Harvey 
Quicksall, William W. Stratton, Joseph Deal, Richard Garsed, 
Charles B. Gilbert, N. Field Campion, A.K. Colhoun, James 
Burns, Albert G. Rowland and Edward G. Lee are hereby 
appointed additional commissioners to open books, sell stock, 
and organize said company. 

March 12, 1856. (P. L. 115.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 

That the Philadelphia and Delaware River railroad com- May extend 
pany shall have authority to extend their road southerly i^tliandSiSh 
from its present terminus at Sixth and Cherry streets, Ken- streets, 
sington, along the former street to Morris street, in South- 




To carry pas¬ 
sengers exclu¬ 
sively. 


Consent of city 
councils to be 
giv Q n. 


Must conform 
to grades of 
streets. 


Must not con¬ 
nect with any 
other than pas- 
senger rail¬ 
ways. 


Purchase of 
omnibuses, &c. 


Frankford § Southwark . 54 

wark, with a single track ; thence easterly along the same 
to Fifth street; thence northerly along the latter street to 
the aforesaid Cherry street, with the privilege of occupying 
Germantown road from its intersection with Fifth street 
until the said Fifth street shall be duly declared open : 

■ Provided , That the said road shall be used exclusively for a 
city passenger railway, by horse locomotion : Provided , fur¬ 
ther, That the gauge of said road shall be five feet two inches ; 
and that before the said company shall use and occupy the 
said streets, the consent of the councils of the city of Phila¬ 
delphia shall be first given ; and the said consent shall be 
taken and deemed to be given if the said councils shall not, 
within thirty days after the passage of this act, by ordi¬ 
nances duly passed, signify their disapproval thereof; and 
said councils may from time to time, by ordinance, establish 
such regulations in regard to said railway as may be required 
for the paving, re-paving, grading, culverting and laying of 
water and gas pipes in and along said streets, and to prevent 
obstructions thereon. 

Section 2. That it is hereby provided that the Philadel¬ 
phia and Delaware Kiver railroad company shall, in con¬ 
structing their track along the highways referred to, con¬ 
form to the grades established, or which may be hereafter 
established by the board of survey of the city of Philadel¬ 
phia, and be subject to any ordinances passed by the councils 
of the said city relating thereto ; Provided , That the streets 
thus occupied by the aforesaid railway shall be kept in re¬ 
pair by the said railway company, and no burden trains be 
carried over said road. 

Section 3. That the said railroad company shall not con¬ 
nect with any railroad other than for passenger purposes and 
of the same gauge, and no freight or freight cars shall be 
permitted to pass over said railway under the penalty of a 
forfeiture of their charter; and the said company shall 
annually pay into the treasury of the city of Philadelphia, 
for the use of said city, whenever the dividends shall exceed 
six per centum per annum on the capital stock, the sum of 
six per centum on the said dividends thus declared; and the 
said company, before commencing to run their cars upon the 
said streets, shall purchase, at the option of the owners, the 
stock of horses, omnibusses, sleighs and harness owned and 
used upon the said streets at the time of the completion of 
the said road, at a price to be assessed in the following man¬ 
ner, to wit: The said owners shall choose one disinterested 


55 Frankford $ Southwark. 

person, and the said company shall choose a second person, 
and the two thus chosen shall choose a third, who together 
shall appraise such stocks, and the value thus arrived at shall 
be binding and final: Provided , That whenever any damages Damages, 
may be sustained by reason of this company taking posses¬ 
sion of lands or other property other than above described, 
except so far as the use of the before named streets necessary 
to the full and perfect enjoyment of the purposes by this act 
designed, the said damages shall be assessed and paid in the 
manner and according to the provisions of the eleventh sec¬ 
tion of the act of nineteenth of February, Anno Domini one 
thousand eight hundred and forty-nine, entitled “An Act 
regulating railroad companies Provided further, That so 
much of the act to which this is a supplement as authorizes 
the construction of a railroad, or the use of any railroad out 
of the limits of the city of Philadelphia, be and the same is Repeal of part 
hereby repealed; and any road built or to be built by the of formeract - 
said company shall be confined to the limits of the said city ; 
but the authority vested in the said company to borrow 
money on the terms mentioned in the said act, shall be ex¬ 
tended to the road herein authorized, in the same manner as 
if the railroad herein authorized had been authorized to 
have been built by the said act. 

Section 4. That the right to use and occupy said streets Limitation, 
for the purposes aforesaid shall continue for twenty years 
from the passage of this act, and no longer, unless renewed 
or extended by the legislature. 

Section 5. That the rail to be used on said road shall be Rail, 
that now adopted by the company, (part of which is now 
upon said road,) and no change shall be made in the shape 
thereof, unless by consent of councils. 

June 9, 1857. (P. L. 8(kJ.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the Philadelphia and Delaware River railroad company power to cross 
shall have powder to cross, with their tracks, the Philadel- phil and’Sil 
phia and Reading railroad at Frankford avenue, in the city mgraiiroid. 
of Philadelphia, at the present grade of said avenue, and on 
a level with the said Reading railroad : Provided , That when Proviso, 
the city of Philadelphia shall require the grading of Frank- 



Gate to be erec¬ 
ted. 


Proviso. 


Confirmation 
of occupation 
of certain 
streets. 


Power to ex¬ 
tend tracks. 


Change of title. 


Sale of portion 
of real estate 
authorized. 


Frankford $ Southivark. 56 

ford avenue, at the present confirmed grade, that then the 
said Philadelphia and Delaware River railroad company 
shall conform their tracks to the same. 

Section 2. It shall be the duty of said company, at its 
own expense, to erect upon their said road on either side of 
the said crossing, one gate to be kept securely closed, under 
the care and supervision of some sober and competent per¬ 
son to be appointed by the said company, which person shall 
be permanently stationed at the said crossing, whose duty it 
shall be to open the said gate for the passage of the cars of the 
said company only when the same can be done without danger 
of collision with any of the trains passing over the road of the 
said Reading railroad : Provided , Every violation of the pro¬ 
visions of this section, information and proof thereof having 
been made before any alderman of the city of Philadelphia, 
the said Delaware River railroad company shall pay a fine 
of one hundred dollars, one half to go to the city treasury, 
and the other half to the informer ; and the informer shall be 
a competent witness in the case. 

April 8,1858, (P. L. 225.) 


Section 1. Be it enacted by the Senate and House of Repre- 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the occupancy of the Philadelphia and Delaware River 
railroad company of portions of Frankford avenue and 
Frankford street, in the city of Philadelphia, for the purpose 
of the passenger railway track, be and is hereby confirmed 
and approved, and that the said company shall have power 
to extend their tracks from the company’s present southern 
terminus at Morris street, southerly to Greenwich point, 
with a single track on Fifth and Sixth streets; and that 
from and after the passage of this act, the title of the said 
Philadelphia Delaware River railroad company, shall be 
changed and known by the title of the “ Frankford and 
Southwark Philadelphia City Passenger railroad company.” 
April 9,1858. (P. L. 287.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Frankford and Southwark Philadelphia City Pas¬ 
senger railroad company (formerly known by the corporate 




57 Frankford § Southwark. 

name of the Philadelphia and Delaware River railroad com 
pany) be and they are hereby authorized and empowered to 
sell and convey such portion of the real estate now owned by 
them as the board of directors may deem it unnecessary for 
the said company to hold for the uses and purposes of the 
said railroad ; such sales to be made either at public or priv¬ 
ate sale, and for such prices and upon such terms as the said 
board of directors may think fit. 

Section 2. The said railroad company are hereby authoriz¬ 
ed to construct and lay a railway track in Washington street, 
in the Second ward, in the city of Philadelphia, and connect 
the same with their railroad in Fifth street and Sixth street, 
in the said city ; or the said company may connect their 
roads in Fifth and Sixth streets with an}^ railroad now laid 
in said Washington street, or use, for the purpose of making 
such connections, any part of such existing railroad : Provid¬ 
ed, The owners of such railroad consent thereto: And pro¬ 
vided , That nothing herein shall be construed to authorize 
the Frankford and Southwark Philadelphia City Passenger 
railroad company to use, as aforesaid, any part of said Wash¬ 
ington street, except that between Fifth and Sixth street: 
nor to authorize the said company to use the said road for 
the transportation of freight, but may in the same for bag¬ 
gage: And provided f urther, That the said company shall not 
use any railroad hereby authorized to be built, or used in 
such way as to diminish the present traveling facilities upon 
that portion of their road which is south of said Washington 
street. 

Section 3. The said company are hereby authorized to lay 
a single track of railroad in Powell street, in the Fifth ward, 
and connect the same with their road in the said Fifth and 
Sixth streets. 

Section 4. That so much of the fourth section of an act 
approved June ninth, Anno Domini one thousand eight hun¬ 
dred and fifty-seven, entitled “A supplement to an act to in¬ 
corporate the Philadelphia and Delaware River railroad com¬ 
pany, passed April fourth, one thousand eight huudred and 
fifty-four,” as allows the said company to occupy the streets 
in the said act mentioned, for no longer a period than twenty 
years, be and the same is hereby repealed ; and the right of 
the corporation therein named, and the right of the Frank¬ 
ford and Southwark Philadelphia City Passenger railroad 
company to occupy the streets therein mentioned, for the 


May lay track* 
in Washington 
street, or con¬ 
nect with road 
now con 
structed. 


Proviso. 

Proviso. 


Proviso. 


Authorized to 
lay track in 
Poweil street. 


Repeal. 


Investment of 
its sinking, con 
tin gent or re¬ 
pair fund. 


Proviso. 


Construction of 
provision rela¬ 
tive to carry¬ 
ing freight. 


Power to use 
steam power 
and to carry 
merchandize. 


Power to lay 
track on Mifflin 
street. 


Frankford £ Southwark . 58 

purposes in the said act mentioned, shall be held to have 
been granted as if the restriction in the said fourth section 
had never formed part thereof. 

Section 5. The said corporation is hereby authorized to in¬ 
vest its sinking fund, contingent fund or repair fund, in the 
loans or capital stock of any railroad or plank road company 
incorporated by the commonwealth of Pennsylvania, and lo¬ 
cated in the city of Philadelphia: Provided , The amount 
shall not exceed twenty thousand dollars in any one corpo¬ 
ration. 

Section 6 . That no provision in the act incorporating the 
said company, or in any of the acts of assembly forbidding 
the said company from carrying freight, shall be construed 
to prohibit or forbid the said company from carrying the 
baggage of passengers using their cars. 

May 16, 1861. (P. L. 698.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and, it is hereby enacted by the authority of the same , 
That the Frankford and Southwark Philadelphia City Pas¬ 
senger Railroad Company be and they are hereby authorized 
to use steam power to propel cars upon so much of their 
road as lies north of their depot on Berks street: and the 
said company is hereby authorized to use that part of their 
said road, heretofore mentioned, for the transportation of 
merchandize. 

March 4, 1863. (P. L. 107.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the Frankford and Southwark Philadelphia City Pas¬ 
senger Railroad Company, (formerly known by the corporate 
name of the Philadelphia and Delaware River Railroad Com¬ 
pany,) be and they are hereby authorized to lay a single 
track of railroad in Mifflin street, in the first ward of the 
city of Philadelphia, and connect the same with their road 
in Fifth and Sixth streets. 

February 14, 1868. (P. L. 146.) 




59 Frankford $ Southwark. 

Section 1 . Be it enacted, by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same , 
That so much of the act entitled “ An act to protect the 
health of the citizens of Philadelphia,” approved the seven¬ 
teenth day of April, one thousand eight hundred and sixty- 
nine, which prohibits salting the railway tracks in said city,be 
and the same is hereby repealed, so far as relates to the 
Frankford and Southwark Passenger railroad, north of the 
Berks street station, and the Second and Third street Pas¬ 
senger railroad, north of York street, and all the passenger 
railroad tracks west of the Schuylkill river, and the Ger¬ 
mantown Passenger Railway Company, from Diamond street 
to their depot in Germantown, in the Twenty-second ward. 

October 3, 1870. (P. L. 1871, 1553.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority of the same , 
That the Fraukford and Southwark Philadelphia City Pas¬ 
senger Railroad company (formerly known by the corporate 
name of the Philadelphia and Delaware River Railroad 
Company,) be and they are hereby authorized from time to 
time to extend their railroad on Fifth and Sixth streets, 
northward on and along said streets within the limits of the 
city of Philadelphia ; and for the purpose of connecting the 
road herein authorized to be made, with other parts of the 
railroad of the said company, the said corporation may lay 
railway tracks on any street of the said city north of York 
street, and not east of Jasper street: Provided , That they 
shall not lay rail on any street west of Sixth. 

May 27,1871. (P. L. 1251.) 


Section 1 . Be it enacted by the Senate and, House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same, 

That the Frankford and Southwark Philadelphia City Pas¬ 
senger Railroad Company, shall pay annually into the treas¬ 
ury of the city of Philadelphia, whenever the dividends de¬ 
clared by the said company shall exceed six per centum per 
annum on the par value of the capital stock thereof, a tax of 
six per centum on such excess over six per centum per annum 


Repeal of act 
prohibit ing 
salting of 
tracks. 


Power to ex¬ 
tend road 


and lay tracks. 


Tax to city in 
lieu of that pre 
sented by char¬ 
ter. 




Authorized to 
extend railroad 
ami make con¬ 
nections. 


A u the rizing 
proceedings o 
compel com- 
panytofile 
statement. 


Eequiring the 
Com m issioner 
of Highways to 
stop laying of 
curves, &c. 


Frankford $ Southwark. 60 

on the par value thus declared ; and the tax herein provided 
for, shall be in lieu of the tax on dividends directed to be 
paid by the act approved June ninth, one thousand eight 
hundred and fifty-seven, entitled “ A supplement to an Act 
to incorporate the Philadelphia and Delaware River Railroad 
Company,” passed April fourth, one thousand eight hundred 
and fifty-four. 

March 20, 1872. (P. L. 459.) 


Section 1 . Beit enacted , That the Frankford and South¬ 
wark Philadelphia City Passeuger Railroad Company, (for¬ 
merly known by the corporate name of the Philadelphia and 
Delaware River Railroad Company,) be and they are hereby 
authorized, from time to time, to extend their railroad on 
Front street, northward from York street, within the limits 
of the city of Philadelphia, and may connect the same with 
their other tracks on Fifth and Sixth streets, and on Ken¬ 
sington avenue, by railway tracks on any street of the said 
city north of York street, not wrnst of Sixth street nor east of 
Kensington avenue. 

April 3, 1873. (P. L., 1874, 345.) 


ORDINANCES. 

Resolved, By the Select and Common Councils of the 
City of Philadelphia, That the City Solicitor be requested to 
take legal measures to compel the Frankford and Southwark 
Passenger Railway Company to file their statement in detail 
of the cost of the road, in compliance with the eighth sec 
tion of an Ordinance entitled “An Ordinance to Regulate 
Passenger Railways.” 

October 16, 1858. (Ords, 381.) 


Resolved, By the Select and Common Councils of the 
City of Philadelphia, That the Chief Commissioner of High¬ 
ways be, and he is hereby required to take measures forth¬ 
with to stop the laying down of the curves and intersections 
now in progress at Fifth and Sixth streets and Washington 
avenue, until it has been determined whether the same is 
legal and proper, and if the privilege for doing said work 





61 Frankford $ Southwark. 

has been given by the said Commissioner ; that he is hereby 
required to report to Councils by what authority such per¬ 
mission has been given. 

December 27, 1858. (Ords. 503.) 


Resolved, By the Select and Common Councils of the City 
of Philadelphia, That permission is hereby granted by the permission to 
City of Philadelphia to the Frankford and Southwark Phila- to connect with 
delphia City Passenger Railway Company to connect their Kensington 
road with the Kensington Depot of the Trenton Railroad depot ' 
Company, by continuing the same across the curb and side¬ 
walk of Front street, opposite to Chatham street, to and 
across ground now belonging to said Passenger Railway 
Company, and thence to the Depot premises of said Railroad 
Company—the same to be done under the supervision of the 
Department of Surveys. 

May 16, 1859. (Ords. 247.) 


Section 1. The Select and Common Councils of the City 
of Philadelphia, do ordain, That the Frankford and South- Authorized to 
wark Railway Company be authorized to make a connection trackTonWash 
with the railway laid in Washington street, at the intersec- ington avenue, 
tion of Fifth and Sixth streets : Provided , That this license Proviso 
may be revoked at any time, and the connection removed: 

And provided, further, That before the said Railroad Company 
shall make the said connections, they shall enter into an ob¬ 
ligation satisfactory in law to the City Solicitor, that, in case To give bond, 
the said connections shall at any time be removed by the 
City, the said Railroad Company will bind itself to pay to 
the City all expenses that may be incurred by such removal. 

Provided, however, That said company shall not use said 
connection in such a way as to diminish the present travel- Proviso, 
ing facilities upon that portion of the route south of said 
Washington avenue. 

December 22, 1860. (Ords. 446.) 


Section 1. The Sdect and Common Councils of the City of Authorized to 
Philadelphia do ordain. That the Frankford and Southwark gy^rack on 
Philadelphia City Passenger Railroad Company be and they avenue. Cum- 


Letterly streets 




Proviso. 


Authorized to 
extend tracks. 


Proviso. 


Preamble. 


Accepting ded¬ 
ication of cer- 
t ain land 
and bridge. 


Frankford f Southwark. 62 

are hereby permitted to lay a railroad track on Kensington 
avenue, connecting with their east track on said avenue at 
the distance of about two hundred feet north of Cumberland 
street, and to extend the same with the curve along Cumberland 
street eastward, and with curves enter their new car house 
on said Cumberland street; and also to lay a track connect¬ 
ing with their aforesaid track on Kensington avenue at Let- 
terly street, and extend eastward along said Letterly street 
to their said car house, and with curves to enter the same: 
Provided , That the said railroad company shall first pay to 
the City Treasurer twenty-five dollars to pay for the publi¬ 
cation of this Ordinance. 

October 6, 1873. (Ords. 434.) 


Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain , That the Frankford and Southwark 
Philadelphia City Passenger Railway Company are hereby 
authorized to extend their railway tracks on Fifth and Sixth 
streets, from the said streets latterly, so as to connect them 
with their car house about to be built on their lot at the in¬ 
tersection of Jackson street, Moyamensing avenue and Fifth 
street, in the First Ward: Provided , That said railway com¬ 
pany shall first pay twenty-five dollars to pay for printing 
this Ordinance. 

May 8, 1875. (Ords. 110.) 


Whereas, It is proposed by the Frankford and South¬ 
wark Passenger Railway Company to dedicate to public 
uses as a highway a portion of their land extending from the 
north side of Nicetown lane to the north side of Green street, 
in the Twenty-third ward of the city of Philadelphia, of the 
width of 1,022 feet, including in said tract the bridge erected 
by said company to carry their tracks across Frankford 
creek; now therefore 

Section 1 . The Select and Common Couiicils of the City of 
Philadelphia do ordain , That the said proposition be, and it 
is, hereby accepted by the city of Philadelphia, and upon 
the execution and delivery by said company of a proper deed 
of dedication, duly approved by the Board of Surveyors and 
City Solicitor, in accordance with existing laws and ordi¬ 
nances, the said land and bridge so dedicated shall be ac¬ 
cepted for the uses and purposes of a public highway. 

November 14, 1881. (Ords. 227.) 




68 Frankford Sp Philadelphia. 

FRANKFORD AND PHILADELPHIA RAILWAY 
COMPANY OF THE CITY OF PHILADELPHIA. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in Cenexcd As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That Thomas Wriggins, John G. Whelan, John E. Wooten, Commissioners 
George W. Geisse, Francis S. Buckius, Edwin T. Duffield, 

Samuel D. Harper, Jonathan Brooke, Samuel D. Sidebotham, 

Hiram Stanhope, James Burns, Samuel Wakeling, Ephraim 
F. Leake, William J. Fries, Thomas S. Foulkrod, William 
Baldwin, Rudolph Adams, William P. Cooper, Joseph H. 

Comly, Charles Williams and Simon R. Snyder, or a major¬ 
ity, or any five of them, be and they are hereby constituted 
and appointed commissioners to open books, receive sub¬ 
scriptions and organize a company, by the name, style and 
title of the Frankford and Philadelphia Passenger railway Title - 
company of the city of Philadelphia, with power and au¬ 
thority to lay out and construct a railroad, with a single or ^Sucuoad! 
double track, upon such portions of the hereinafter described 
route as the said company shall deem proper ; beginning at 
the terminus of the Second and Third Streets railway, at or Koute 
near Frankford road and Lehigh avenue, in the Nineteenth 
ward of the city of Philadelphia ; thence extending north¬ 
wardly along said Frankford road and the Frankford and 
Bristol turnpike road to Mill street, in the late borough of 
Frankford ; thence eastwardly along said Mill street to Paul 
street; thence northwardly along said Paul street to Frank¬ 
ford street, or the Frankford and Bristol turnpike road ; 
thence northwardly along said Frankford street, or the 
Frankford and Bristol turnpike road, to Harrison street; 
and thence southwardly down the said Frankford street and 
the Frankford and Bristol turnpike road, through the late 
borough of Frankford to the place of beginning: Provided , Provlso * 
that horse locomotion shall be used exclusively for the pur¬ 
pose of transporting cars over said road. 

Section 2. That the capital stock of the said company capital stock, 
shall consist of one thousand shares of fifty dollars each, 
providing that the said company may from time to time, by 
a vote of the stockholders, at a meeting called for that pur¬ 
pose, increase the capital stock, if it should be deemed nec- 



May borrow 
money. 


Bonds and 
mortgages, ’ el 
ative to. 


Proviso. 


To pay a tax to 
the city of Phil 
adelphia, when 
dividends ex¬ 
ceed six per 
centum. 


To conform to 
established 
grades, &c. 


Exception. 


May lay track 
in bed of cert¬ 
ain turnpike. 


Damages for 
same, how as¬ 
sessed, &c. 


Bight to cross 
and connect 
with other 
roads. 


Frankford $ Philadelphia. 64 

essary, to an amount not exceeding two thousand shares, for 
the purpose of completing, equipping and extending said 
railroad ; the said company shall have the power of borrow¬ 
ing any sum of money, not exceeding in amount one-half of 
their capital stock, at a rate of interest not exceeding seven 
per centum per annum, and to secure the payment of the 
same by the issue of bonds and mortgages of the said rail¬ 
road, together with the corporate rights, and franchises 
granted by this act, and to annex to the said bonds and 
mortgages, the privilege of converting the same into the cap¬ 
ital stock of the said company, at par, at the option of the 
holders, if they shall signify their election, one year before 
their maturity: Provided , That the said company shall issue 
no certificate of loan of a less denomination than one hun¬ 
dred dollars. 

Section 3. That whenever said company shall declare 
dividends exceeding the rate of six per centum per annum, 
in addition to the tax imposed upon them by the general 
laws of their capital stock, they shall pay into the treasury 
of the city of Philadelphia, for the use of the said city, a 
tax of six per centum of the excess of dividends above the 
said rate of six per centum. 

Section 4. That the said company, in constructing said 
railroad, shall conform to the grades, established by councils, 
of the several streets and avenues traversed by said railroad, 
and to keep the same in good repair, at the proper expense 
of the said company, excepting such portions of the Frank¬ 
ford and Bristol turnpike as are not now graded; and that 
the said railroad company shall have the privilege of laying 
their tracks in the present bed of the said turnpike road, 
until such time as the same shall be graded and paved by 
the said city of Philadelphia; and as to damages which 
may be claimed by the said Frankford and Bristol turnpike 
company, for or by reason of laying the said railroad along 
the said turnpike road, if the said companies cannot agree 
upon satisfactory terms and conditions, such damages shall 
be assessed by three disinterested persons, neither of whom 
shall be stockholders in either of the said companies, and 
who shall be appointed by the court of common pleas of the 
city of Philadelphia for that purpose, subject to an appeal 
by either party to said court. 

Section 5. That the said railway company shall have the 
right to cross, at grade, any railroad that is now, or that 


65 Frankforcl $ Philadelphia . 

hereafter may be built within the limits of the city of Phila- 
phia, and to connect with any passenger railway within the 
the said city. 

Section 6. That the said railway, on the route described, 
shall be subject to the use of any part or parts thereof by 
any passenger railway company, for the purpose of complet¬ 
ing a route or circuit, upon such conditions as may be agreed 
upon by such other railway company, and the said Frankford 
and Philadelphia Passenger railroad company ; and the said 
Frankford and Philadelphia Passenger railway company 
shall have the right and privilege of using the tracks of any 
railway in the city of Philadelphia, for the purpose of com¬ 
pleting a route or circuit, upon such terms and conditions as 
may be agreed upon by the said Frankford and Philadelph ia 
railroad company and such other railway companies ; and in 
case said companies cannot agree upon such terms and con¬ 
ditions as aforesaid, then upon the payment of one-half the 
value of such portions as may be used by them, and one-half 
the expense of keeping the same in repair, the same to be as¬ 
sessed by three disinterested persons, neither of whom shall 
be stockholders in either of the said companies, and who 
shall be appointed by the court of common pleas of the city 
of Philadelphia, for that purpose, subject to an appeal by 
either party to said court. 

Section 7. That the officers of the said company shall con¬ 
sist of a president and eight directors, to be elected annually, 
on the first Monday in January, to serve for a term of one 
year, in accordance with the provisions of the general rail¬ 
road laws. 

April 10,1862. (P. L. 393.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the said Frankford and Philadelphia Passenger Rail¬ 
way Company be and they are hereby authorized and em¬ 
powered to extend and continue their railway, with single, 
or double track, upon such portions of the hereinafter de¬ 
scribed route, and lateral roads and turn-outs, as said com¬ 
pany shall deem proper, beginning at, or near, the terminus 
of said railway, on the Frankford road; thence extending 
along Lehigh avenue to Sepviva street; thence southwardly 


Companies 
may agree as to 
u^e of parts of 
each other’s 
roads. 


Terms and con 
ditions. 


Officers. 


Extension o f 
road author¬ 
ized. 



May connect 
with the Phila- 
delphia and 
Trenton r a i 1- 
road depot. 

Proviso. 


Authorized to 
construct iate- 
r a 1 railways 
and turn-outs. 


Proviso. 


Proviso. 


Capital stock 
may be i n - 
creased. 


Subject to 


Proviso. 


Frankford § Philadelphia. 66 

along Sepviva street to Vienna street; thence along Vienna 
street and the Frankford road, to Thompson street; thence 
along Thompson street to Front street; thence along Front 
street (and make a connection with the Union Passenger 
Railway: Provided , That no connection be made, south of 
Master street, without their consent thereto;) thence north, 
along Front street to Coral street, and along Coral street to 
the place of beginning ; along Huntingdon street, from Sep¬ 
viva street to Coral street, and along Amber street, from 
Huntingdon street to Lehigh avenue; also, to continue their 
railway from Harrison street to Cedar Hill Cemetery; 
thence along Bridge to Bridesburg; thence returning along 
Bridge street to Tacony road; thence along Tacony road to 
the Frankord road, and along Orthodox street to Frankford 
street, and to make a connection with the depot, or station, 
of the Philadelphia and Trenton Railroad Company, should 
they, at any time hereafter, remove their passenger depot 
north of the present location: Provided , That the consent of 
the said Philadelphia and Trenton Railroad Company, to 
have such aforesaid connection made, shall have been first 
had and obtained ; and the said company are further author¬ 
ized and empowered to construct such lateral railways and 
turn-outs, into and along any other street, or streets, on either 
side of the line of said railway, at such places as are now oc¬ 
cupied by other railways, and at such other places as said 
company shall deem necessary, and return again to the main 
line, in order to complete the circuit, or route, of said com¬ 
pany : Provided , That in no case shall any lateral railway be 
constructed by said company, at a greater distance than two 
squares, or streets, east, or west, of the main line of said rail¬ 
way : And provided also , That in no case shall any lateral rail¬ 
way, or turn-out, be made, or constructed, in, or upon, any 
depot, station, land, or other property, belonging to the 
Philadelphia and Trenton Railroad Company, without the 
consent of the said Philadelphia and Trenton Railroad Com¬ 
pany thereto, being first had and obtained ; and for the pur¬ 
pose of extending, completing and equipping said railway, 
said company shall have power to increase their capital stock 
to an amount not exceeding six thousand shares, of fifty dol¬ 
lars each, including the previous capital of said company, 
subject to all the restrictions and provisions, and with all the 
powers, rights, privileges and immunities, contained in the 
original act of incorporation of said company: Provided 
further , That said company may, from time to time, by a 
vote of the stockholders, at a meeting called for that purpose, 


67 Frcinkford Sy Philadelphia. 

increase their capital stock as much as, in their opinion, shall 
be necessary to complete said railway, and carry out the true 
intent and meaning of this act; that in all cases where a con¬ 
nection is authorized to be made, with any other railway, 
the right to construct the connecting link, and complete the 
circuit along any street, or streets, is hereby granted. 

Section 2. That the said Frankford and Philadelphia Pas¬ 
senger Railway Company, and the president, managers and 
company of the Frankford and Bristol turnpike road, are 
hereby respectively authorized to make and enter into any 
contracts, or agreements, they may think proper and expedi¬ 
ent, with each other, in relation to the construction and main¬ 
tenance of a passenger railway, on the bed of the road of said 
turnpike company, or any part, or parts, thereof; and all 
covenants, contracts, or agreements, made by and between 
either of said companies, with any other incorporated com¬ 
pany, may be assigned, or transferred, by either of said cor¬ 
porations, to the other, and held and enjoyed by them, or 
either of them, to all intents and purposes, as if they, the 
holders thereof, had been one of the original contracting par¬ 
ties ; that if the said railway company shall, at any time, 
agree with the Frankford and Holmesburg Railroad Com¬ 
pany, or with any other steam railroad company, to purchase, 
lease, or merge, their road, with the said Frankford and 
Philadelphia Passenger Railway, then, and in that case, the 
said passenger railway company are hereby authorized and 
empowered to continue their railway as far as shall be neces¬ 
sary, along the said Frankford and Bristol turnpike road, or 
any other street, or streets, that said company shall deem 
necessary and convenient, in order to connect the road, thus 
purchased, leased, or merged, with the said passenger rail¬ 
way ; anything in this act, or the act to'which this is a sup¬ 
plement, to the contrary thereto notwithstanding : Provided , 
That steam shall not be used on any part of the aforesaid 
route, as a motive power, and no connection shall be made 
with any other road, other than for passenger purposes; 
Provided , That the said Frankford and Philadelphia Passen¬ 
ger Railway Company shall charge the same rate of fare to 
persons, for riding in their cars, from Frankford to Master 
street, and from Master street to Frankford, as from Frank¬ 
ford to Lehigh avenue, and from Lehigh avenue to Frank¬ 
ford ; And provided farther , That if the said Frankford and 
Philadelphia Passenger Railway Company shall sell ex¬ 
change, or commutation tickets, with the Union Passenger 
Railway Company, they shall make the same arrangements 


Certain con¬ 
tracts may be 
made with 
other compan¬ 
ies, &c. 


Prohibition. 


Rates of fare 
relative to. 


Parties leasing 
railway to be 
bound by this 
act. 


Commissioners 


Style. 

Route. 

Subject to. 

Capital stock. 


Fox Chase £ Frankford. 68 

with the Second and Third Streets Passenger Railway Com¬ 
pany, and vice versa: And providedfurther, That if the rail¬ 
way of the said Frankford and Philadelphia Passenger Rail¬ 
way Company shall, at any time, be leased, or let, to any 
person, or persons, or to any railway, or other company, or 
companies, the parties to such lease shall be bound by this 
act. 

March 21, 1865. (P. L. 499.) 


FOX CHASE AXD FRANKFORD RAILROAD COM¬ 
PANY. 


ACT OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same., 
That Stephen Crawford, Joseph W. Ryens, Edward S. Handy, 
Charles Xewbold, Robert R. Levick, William C. Keemhle, 
Henry C. Pratt, Charles Robbins, George W. Rhawn, Peter 
Castor, Charles L. Bute, John Haines, George S. Adler, 
Myers Livzley, Jacob Blake, Edward Thesing, A. G. Row¬ 
land, Joseph Deal, John Foulkrod, E. Y. Machette and Geo. 
A. Lewis, of Philadelphia county, and Benjamin Rowland, 
Newberry A. Smith, John Smith, B. C. Snowden, John 
Walton, Reuben Myers, George R. Heller, William Morri¬ 
son and Thomas Rowland, junior, of Montgomery county, or 
any three of them, be and are hereby appointed commission¬ 
ers to open books, receive subscriptions, and organize a com¬ 
pany by the name, style and title of the Fox Chase and 
Frankford Railroad Company, with power and authority to 
construct a railroad from Frankford to the Fox Chase, in 
Philadelphia county aforesaid, with the privilege of extending 
the same to the village of Huntington, Montgomery county, 
when public convenience or the interests of the company 
may require, subject to all the provisions and restrictions of 
an act regulating railroad companies, approved the nine¬ 
teenth day of February, Anno Domini one thousand eight 
hundred and forty-nine (18 19), and the several supplements 
thereto, so far as the same are not altered or supplied by 
this act. 

Section 2. That the capital stock of the said company 
shall consist of four thousand shares, of fifty dollars each: 




69 


Germantown. 


Provided , That the said company may, from time to time, by 
a vote of the stockholders, at a meeting called for the pur¬ 
pose, increase the capital stock, if it should be deemed neces¬ 
sary, to an amount not exceeding six thousand shares. For 
the purpose of completing and equipping the road, the said 
company shall have the power to borrow any sum of money 
not exceeding in amount the one-half of their capital stock, 
at a rate of interest not exceeding seven per centum per an¬ 
num, and to secure the payment of the same by the issue of 
a bond and mortgage of the said railroad, together with the 
corporate rights and franchises granted by this act, and to 
annex to the said bond and mortgage the privilege of con¬ 
verting the same into the capital stock of said company at 
par, at the option of the holders, if they shall signify their 
election one year before their maturity. 

Section 3. That the said company shall have power and 
authority to lease, for a year or term of years, such portions 
of the road-beds of the Oxford and Kensington and Oxford 
turnpike companies as shall be deemed advantageous to said 
company; and said lease or purchase to be by the stockhold¬ 
ers representing a majority of the stock, called for the pur¬ 
pose by said Oxford and Kensington and Oxford turnpike 
companies, shall be valid and of full force: Provided , That 
the said Frankford and Fox Chase Passenger Railroad Com¬ 
pany shall not occupy, with their road, the macadamized 
portion of the Oxford turnpike road, except so far as may be 
required for such sidelings and crossings, which may be 
necessary in the construction of the same. 

March 9, 1860. (P. L. 135.) 


GERMANTOWN PASSENGER RAILWAY CO. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That Charles Magarge, William S. Perot, Samuel Maupay, 
Thomas A. Biddle, Ellison P. Morris, William W. Wister, 
Cornelius S. Smith, James Kempton, Frederick Collins, 
Samuel Huston, Mordecai L. Dawson, Henry J. Williams, 
Joseph Jones, John Morris, Senior, Charles W. Johnson, 
Philip R. Freas, Charles P. Perot, John R. Knoor, George 


Proviso. 


May borrow 
money anti is¬ 
sue bonds. 


May lease cer¬ 
tain turnpike 
roads. 


Proviso. 


Commissioners 




Germantown. 


70 


Form of sub¬ 
scription. 


Opening of 
books, public 
notice of to be 
given. 


Who may sub¬ 
scribe. 


Shares, how 
subscribed for. 


When books to 
be closed. 


W. Hamersly, William Millward, William Struthers, Jere¬ 
miah Eldridge, J. H. Wheeler, Charles Goepp, Charles W. 
Otto, Henry J. Smith, James P. Gibson, Edward Chase, Jabez 
Gates, John J. Griffith, John K. Gamble, Henry B. Brunner, 
Charles Weiss, David M’Clean, W. M. Reilly, J. S. Struth¬ 
ers, Vincent L. Bradford, Charles Wister, Henry E. Wallace, 
Robert P. King and Thomas H. Town, be and they hereby 
are appointed commissioners to procure books and make 
therein the following entries: We, whose names are hereun¬ 
to subscribed, do promise to pay to the treasurer of the Ger¬ 
mantown Passenger railway company, for the use of the said 
company, the sum of fifty dollars for each and every share 
of stock set opposite to our respective names, by us hereto 
subscribed, in such manner, times and proportions as may be 
determined upon by resolution of the board of managers of 
the said company, and shall give notice, in at least two daily 
papers of the city of Philadelphia, for two weeks, of the times 
and places at which the said books shall be opened to receive 
subscriptions for the capital stock of the said company, at 
which respective times and places at least one of the commis¬ 
sioners shall attend and keep the said books open for at least 
four hours in each day, for three periodical days, if so many 
shall be necessary, and allow any person or persons of the 
age of twenty-one years, and the Germantown and Perkio- 
men turnpike road company to subscribe therein, in his or 
their name, or in the name or names of any other person or 
persons, by whom he shall by a written power of attorney, to 
be signed by the said person or person, or by the said turn¬ 
pike road company, before a competent witness, and to be 
produced to and left with the said commissioners, for such 
number of shares as he may take ; but no person or corpora¬ 
tion shall be permitted to subscribe in his or their name, or 
in the name of any other person or persons, for more than 
ten shares each on the first day, nor for more than twenty 
shares each on the second day, and on the third or any suc¬ 
ceeding day, for such number as he or they may think pro¬ 
per ; and if at the expiration of the said third day the full 
number of four thousand shares shall not have been sub¬ 
scribed, then the attending commissioner or commissioners 
may. adjourn from time to time, and from place to place, as 
he or they shall think proper, of which adjournment public 
notice shall be given as aforesaid ; but whenever the number 
of shares subscribed shall amount to four thousand, then the 
said books shall be closed ; and if before the said books shall 
have been declared to be closed, more than four thousand 


71 


Germantown. 


shares shall be subscribed, then the commissioners shall ap¬ 
portion the said tour thousand shares among the subscribers 
in proportion to the number of shares subscribed by each 
person, but so that each subscriber shall have at least one 
share: Provided always , That every person offering to sub¬ 
scribe in his own name, or in the name of other persons, 
shall, previously thereto, pay to the attending commissioner 
or commissioners the sum of five dollars for every share so 
to be subscribed for, out of which sum the expenses of the 
commissioners shall be defrayed, and the remainder shall be 
paid over to the treasurer of the corporation, to be created 
by virtue hereof, as soon as the same shall be organized and 
the officers chosen as is hereinafter directed. 

Section 2. That when four thousand shares of stock shall 
have been subscribed as aforesaid, or if, after the books have 
been kept open for three days, the whole number of four 
thousand shares shall not have been subscribed, then, when 
not less than two thousand shares shall have been subscribed, 
the said conwnissioners or any three of them, shall certify 
under their hands and seals the names of the subscribers and 
the number of shares subscribed by, or apportioned to each 
subscriber, to the governor of this commonwealth, and it 
shall thereupon be his duty, by letters patent under his hand 
and the seal of the state, to create and erect the said subscri¬ 
bers and their assigns, into one body politic and corporate, 
in deed and in law, by the name, style and title of the Ger¬ 
mantown Passenger railway company, and by the said name 
the subscribers shall have perpetual succession, with power 
to make a corporate seal, and the same to alter, break and 
renew at pleasure, and all the rights, privileges and fran¬ 
chises belonging or incident to a corporation; and shall be 
able and capable of taking and holding their said capital 
stock and the increase and profits thereof, and of adding to 
or enlarging the same, by order of any stated meeting of the 
stockholders, or of any special meeting duly convened for 
that purpose, if such enlargement shall be found necessary to 
fulfil the objects and purposes of this act, and of purchasing, 
taking, receiving and holding all such real estate as may be 
necessary for station-houses, depots, shops, stables, and for such 
other purposes as may be, or become necessary to enable 
them to carry on the traffic on their said road, and the other 
purposes for which they were incorporated, with economy, 
facility and dispatch, and the same to sell, let or lease on 
ground rent, mortgage, lease or dispose of at their pleasure, 
and of suing and being sued, and of doing all and every 


Proviso. 


Letters patent, 
when to issue. 


Style. 


Powers. 


Real estate. 


Germantown. 


72 


Proviso. 


Organization. 


Officers. 


By-laws. 


Proviso. 


Votes. 


Annual elec¬ 
tion. 


Certificates of 
stock. 


Transfer of,&c. 


other matter and thing which a corporation may lawfully do; 
Provided , That the said company shall not in the aggregate 
hold at any one time more than twenty acres of land. 

Section 3. That the persons named in the letters patent, 
or any five of them, shall, as soon as conveniently may be 
after the same shall have been sealed, give at least ten days’ 
notice in two or more daily newspapers printed at Philadel¬ 
phia, of a time and place, to be by them appointed, at which 
the subscribers shall proceed to organize the said corporation, 
and shall choose by a majority of the said subscribers, by 
ballot, to be delivered in person, one president, nine mana¬ 
gers, one treasurer, and such other officers as may be neces¬ 
sary to carry on the business of the company, who shall serve 
until others are regularly chosen, and to make such by-laws, 
rules and regulations as they may think proper for the well 
ordering of the affairs of this company, and for the govern¬ 
ment of the board of managers; Provided however , That the 
same shall not be inconsistent with the constitution and laws 
of this state or the United States; Provided further, That no 
person or corporation shall have more than one hundred 
votes at any meeting or election, and that each stockholder 
shall be entitled to one vote for each share, held by him or 
them, not exceeding ten shares, and shall also have one vote 
for every additional ten shares held by him or them, not how¬ 
ever to exceed in all one hundred votes. 

Section 4. That the stockholders shall meet on the second 
Monday of June, Anno Domini one thousand eight hundred 
and fifty-nine, after their organization, and annually thereaf¬ 
ter, at such place within the city of Philadelphia, as may be 
fixed upon by the by-laws of the corporation, or in default of 
any such by-laws, by a resolution of the board of managers, 
for the purpose of choosing such officers as aforesaid, for the 
ensuing year ; but no failure to hold any such election shall 
be a cause of forfeiture of this charter, but the officers pre¬ 
viously elected shall continue in office.until other shall be re¬ 
gularly chosen. 

Section 5, That the president and managers aforesaid shall 
procure certificates for the shares of stock of the said com¬ 
pany so subscribed as aforesaid, and shall deliver the same, 
signed by the president and countersigned by the treasurer, 
and sealed with the seal of this corporation, to each subscri¬ 
ber for the number of shares subscribed or then held by him, 
which certificate shall be transferred at his or her pleasure, 


73 


Germantown. 


in person or by attorney, upon the books of the company, in 
presence of the president or of the treasurer, subject always 
to all payments due or to become due thereon; and every 
such assignee shall become a member of the said corporation, 
and be entitled to all the rights and privileges belonging to 
him as such : Provided ,, That the said company shall not be 
obliged to allow the transfer of any share of stock until all 
the instalments, actually due or called for thereon, have been 
satisfied and paid : And provided further, That no assignment 
of such share shall release the holder thereof from a liability 
to pay the instalments which were actually due or called for 
before the said assignment: And provided further , That if 
any stockholder shall omit, for the space of six months, to 
pay any instalment which may be called for, the managers 
of the company may either declare the shares of stock, on 
which the instalments are unpaid as aforesaid, to be forfeited, 
or may at their option bring suit to recover the said instal¬ 
ments with interests at the rate of twelve per cent, per an¬ 
num, as debts of a like amount are by law recoverable against 
the person or persons, appearing by their books, to be the 
owner of those shares: Provided , That the councils of said 
city shall have power to lay a tax on the gross receipts of 
said company, not exceeding five per cent. 

Section 6 . That the board of managers shall meet at such 
days and times, and at such places as may be fixed by the by¬ 
laws of the corporation, or in the absence of such by-laws, at 
such times and places as may be determined by themselves; 
five members shall form a quorum ; they shall have full pow¬ 
er to make by-laws, rules and regulations for their own gov¬ 
ernment, and to carry on the business of this corporation, 
dispose of their funds, to employ such engineers, superinten¬ 
dents, assistants, or other officers, as may be found necessary, 
to direct and determine their duties, fix their salaries or com¬ 
pensation, and generally to do, perform, exercise and carry 
out all the matters and things, powers and authorities, ob¬ 
jects and purposes for which this act of incorporation was 
granted and which are therein contained, subject only to the 
directions of this act and the control of the by-laws or resolu¬ 
tions of the meetings of stockholders. 

Section 7. That the said corporation shall and may lay 
down, construct and complete a passenger railway, with sin¬ 
gle or double tracks on all or any part of the Germantown 
turnpike road within the city of Philadelphia, with such 
branches as may be necessary to connect them with any other 


Instalments to 
be paid before 
transfer. 


O m i s s ion to 
p a y i n s tal- 
ments, relative 
to. 


City councils, 
power to tax 
gross receipts. 


Board of man¬ 
agers, powers 
and duties of. 


Railway, how 
and where con¬ 
structed. 


Germantown . 


74 


Guage of road. 


Consent of Ger 
mantown and 
Perk iomen 
turnpike com¬ 
pany to be ob¬ 
tained. 


Consent of city 
councils to be 
obtained. 


Proviso. 


Receipts and 
expenditures. 


Dividends. 


Per cent, on 
dividends to be 
paid to the city 


railway or railways within the said city, and to procure the 
cars, carriages, and other appliances required for the objects 
and purposes of this act, and erect or procure the necessary 
offices, depots, station houses, w ork shops, stables, and such 
other buildings as may be required for the economical and 
convenient transaction of their business and the accommoda¬ 
tion of their passengers: Provided , That the guage of the 
said railway shall be five feet and two inches, and the form 
of the rails laid down shall be approved by the city councils 
or by their officers: Provided always, That no work shall be 
commenced upon the line of the said railway until an agree¬ 
ment, authorizing the company hereby created, to construct 
and lay down their said road upon the bed of the German¬ 
town turnpike, shall have been made and executed by and 
between the Germantown and Perkiomen turnpike road com¬ 
pany and the said passenger railway company, upon such 
terms and conditions and with such restrictions as may be 
agreed on by the said parties, who are hereby respectively 
authorized to make and enter into such agreement not until 
the select and common councils of the city of Philadelphia 
shall have passed an act permitting and allowing the con¬ 
struction of the said road ; the said agreement to be acknowl¬ 
edged and recorded in the office for recording deeds, et cetera, 
in the city of Philadelphia, as deeds are by the present laws 
required to be acknowledged and recorded: And provided 
further, That the consideration to be paid to the said the 
Germantown and Perkiomen turnpike road company for the 
use of their road, if any, may be paid either in cash or by 
the issue of such a number of shares of stock as may be re¬ 
quired ; which shares, so issued by the company, shall be up¬ 
on the same footing with other shares of stock, and entitle 
the holders thereof to all the privileges of other stockhold¬ 
ers. 

Section 8. That the president and managers shall keep a 
just and true account of all their receipts and expenditures, 
and shall and may twice in each year, on such clays as may 
be fixed by the by-laws, make a dividend of the clear net 
profits derived from the tolls received by them, first deduct¬ 
ing all charges for repairs and other expenses, whether regu¬ 
lar, incidental or contingent, and shall give public notice°of 
the time and place at which such dividend shall be paid, and 
shall cause the same to be paid accordingly : Provided always, 
That the said company shall pay to the city of Philadelphia 
a tax of six per cent, per annum, upon so much of any divi¬ 
dend as shall exceed six per cent, per annum in any one year, 


75 


Germantown . 


to be paid to the said city at the end of each year : And pro¬ 
vided further , That the capital stock of the said company 
shall not be subject to any further, or other assessment for 
taxes by the said city. 

Section 9. That the said Germantown Passenger railway 
company, with the consent and approbation of the said Ger¬ 
mantown and Perkiomen turnpike company, and of the 
councils or board of surveyors of the city of Philadelphia, 
shall and may have power and authority to alter and regu¬ 
late the ascents and descents of their said railway, and to cut 
down or raise the present bed of the turnpike road, so far as 
may be required to enable them to use their railway with 
ease and convenience ; but no such work shall, in any case, 
be commenced or carried on until plans and specifications of 
the said proposed alterations shall have been submitted to 
the managers of the Germantown and Perkiomen turnpike 
road company, and to the councils or board of surveyors of 
the city of Philadelphia, nor until their consent to, and ap¬ 
proval thereof, shall have been obtained and filed in the office 
of the said Germantowm Passenger railway company. 

Section 10. That when the said railway, or any part or 
parts thereof shall have been constructed and completed, the 
said company shall be authorized to charge and receive as 
tolls, for the carriage of passengers, not more than five cents 
for each passenger for any distance under two miles, and for 
two miles, and any distance beyond two miles, at the rate of 
not more than three cents per mile, all fractional parts of a 
mile being considered and charged as one mile. 

Section 11. That if any person or persons shall wilfully 
break, remove or destroy, with intent to injure any part of 
the said railway, or the cars, carriages, station houses, or 
other buildings of the said company, or shall, without the 
consent of the said company, wilfully and maliciously obstruct 
or impede the passage on or over the said railway, or any 
part thereof, the person or persons so offending shall forfeit 
and pay, for every such offence, the sum of five dollars, to be 
recovered as debts of a like amount are by law recoverable ; 
but no such suit shall be brought, unless commenced within 
sixty days after such offence has been committed ; and the 
persons so offending shall remain liable to actions at the suit 
of said corporation, if the sums so recovered shall not be suf¬ 
ficient to re-pay and satisfy the damages occasioned by their 
acts as aforesaid: Provided , That before the said railroad 


Proviso. 


Ascents and 
descents, how 
regulated. 


Tolls. 


In juries to rail¬ 
way cars or 
other property. 


Germantown. 


76 


Purchase of 
omnibuses, &c. 


May issue 
bonds. 


Proviso. 


Power to ex¬ 
tend road. 


Roue. 


company shall go into operation, they shall purchase all the 
omnibuses running over the said route, together with the 
horses and harness belonging to the same, at a price to be 
agreed upon in the following manner, to wit:—The said com¬ 
pany shall choose one person, and the proprietor or proprie¬ 
tors of any such omnibuses shall choose one other person, and 
the two so choosen shall choose a third, who shall value the 
omnibuses, horses and harness aforesaid, and whose decision 
shall be final: Provided , That said company shall be subject, 
in all respects, to the provisions of the general laws regulat¬ 
ing railroads, passed nineteenth February, Anno Domini one 
thousand eight hundred and forty-nine, and the several sup¬ 
plements thereto. 

Section 12. That said company may issue bonds and bor¬ 
row money, to an amount not exceeding fifty per cent, of 
their capital stock, and secure the same by mortgage on their 
road : Provided , That no bond shall be issued of less denom¬ 
ination than one hundred dollars. 

April 21, 1858. (P. L. 494.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in Genered As¬ 
set ably met , and it is hereby enacted by the authority of the same , 
That the Germantown Passenger Railway Company be and 
are hereby authorized and empowered, subject to the rights 
hereinafter conferred on the Green and Coates Streets Phila¬ 
delphia Passenger Railway Company, to lay down and con¬ 
struct, and use a railway from the point where Fourth street 
intersects the Germantown and Perkiomen turnpike, in the 
city of Philadelphia, and running thence southwardly along 
said Fourth street, in said city, to Dickinson street; thence 
westwardly along said Dickinson street to its intersection 
with Eighth street; and thence northwardly on said Eighth 
street to its intersection with the said Germantown ^and 
Perkiomen turnpike, with the right and power to make and 
lay a track on Walnut street, between their said tracks on 
Fourth and Eighth streets, so as to connect the said tracks 
on Fourth and Eighth streets by the said track on Walnut 
street; and it is hereby further enacted, that all that part of 
the said railway track in Fourth street, from the centre of 
Coates street; thence southwardly along Fourth street to 
Dickinson street; thence up Dickinson street to Eighth 



77 


Germantown. 


street; thence northwardly along Eighth street to the cen¬ 
tre of Coates street, and also the track on Walnut street be¬ 
tween Fourth and Eighth streets, connecting the track on 
Fourth and Eighth streets, as hereinbefore authorized to be 
built, shall be constructed, laid down, and used by the said To be built and 
Germantown Passenger Railway Company and the Green both 3 co n m y pa^ 
and Coates Street Philadelphia Passenger railway company, nies * 
at their joint and equal expense, and shall be the joint pro¬ 
perty of the said two companies, each owning one-half there- to be used by 
of; and that part of the said track to be laid on Walnut ^railways n ’ 
street, as aforesaid, shall be subject to be used by any other e 
passenger railway company that may be authorized to lay 
and use a track on Walnut street, on payment by said com¬ 
pany to the said Germantown Passenger railway company 
and the said Green and Coates street Philadelphia Passenger 
railway company, of one half of the cost of construction of 
the said railway on Walnut street, and of the repairs thereof, 
and of the expense of keeping that portion of said street in 
repair; and the Germantown Passenger railway company are 
hereby authorized and empowered, at such times and in such 
portions as in their discretion they shall see proper, to lay 
clown and construct a branch railway track or tracks along Branch rail . 
Broad street, northward from its intersection with the Ger- way. 
mantown and Perkiomen turnpike, to the intersection of said Koute . 

Broad street with the old York road; thence along said old 
York road to Milestown, or Branch town, with the right to 
extend the same to the point where the North Pennsylvania 
railroad crosses said road ; and the said Germantown Pas¬ 
senger railway company, and the Green and Coates Street 
Philadelphia Passenger railway company, shall also have the 
right and privilege of running their cars over, or connecting Ma y connect 
their said road hereby authorized with, or crossing any other with other pas- 
passenger railway in the city of Philadelphia, on such terms ways, 
as may be mutually agreed upon : and, in case the said com¬ 
panies cannot agree as to such terms, then the district court co. u r t to ap- 
of the city of Philadelphia shall, upon petition presented by foffxteJms. 0118 
either party, appoint two disinterested persons, who shall fix 
the amount to be paid by the parties using the same, and 
whose decision in the premises, when confirmed by said 
court, shall be final and conclusive : Provided, That the per- proviso, 
sons so appointed shall be duly sworn or affirmed before en¬ 
tering upon the discharge of their duties, and shall file their 
report in the prothonotary’s office of said court within thirty 
days after their appointment as aforesaid: Provided further, Proviso. 
That until said Eighth street shall have been opened and 


Germantown. 


78 


Proviso. 


Proviso. 


graded, the said Germantown Passenger railway company 
shall have power and authority to construct and lay a single 
track on and along such streets as may be necessary to con¬ 
nect the track as laid upon Fourth and Eighth streets and 
make the same a continuous track, in order to carry out the 
full intent and meaning of this act: And provided further , 
That if the Germantown Passenger railway company shall 
be able to agree with the Germantown and Perkiomen turn¬ 
pike company for the right of way for their said railway over 
said turnpike, within thirty days after the passage of this 
act, then the said passenger railway company shall, within 
one year after such agreement, lay a railway track or tracks 
and run their cars thereon, as provided in the original act in¬ 
corporating said company, from the intersection of said turn¬ 
pike with Eighth street, and northwardly as far as Wash¬ 
ington lane, in said city; but if the said passenger railway 
company shall fail, within the said time, to agree with the 
said turnpike company for the right of way, then the said 
passenger railway company and the said turnpike company 
shall each, within a reasonable time thereafter, choose one 
person, and the two persons so chosen shall select a third per¬ 
son, all of whom shall be disinterested ; or if the two first 
chosen fail to agree upon a third person within seven days 
after they are chosen, then the district court of the city of 
Philadelphia shall select such third person; and the three 
persons so chosen, or a majority of them, shall proceed to fix 
and determine, by a yearly rental or otherwise, as they shall 
see proper, the fair value of the said right of way ; and the 
valuation so fixed shall be filed of record in the said court, 
and shall be confirmed by the said court. And within ten 
months after the said proceedings shall be finally settled and 
confirmed, the said passenger railway company shall lay a 
railway track or tracks to said Washington lane, and run 
their cars thereon, as before provided in this section; but 
nothing in this proviso shall prevent the Germantown Pas¬ 
senger railway company from taking immediate possession 
of, and ascertaining and settling damages for, the right of 
way on that portion of the Germantown and Perkiomenturn- 
pike which lies between Fourth and Eighth streets in said 
city, according to the provisions of the act regulating rail¬ 
road companies, approved the nineteenth day "of February, 
Anno Domini one thousand eight hundred and forty-nine: 
And provided further, That if any part of the Germantown 
and Perkiomen turnpike road comes into the possession of 
the city of Philadelphia, it shall be the duty of the German- 


79 


Germantown. 


town Passenger railway company to keep said portion of the 
road in repair for such length as it may be occupied by them 
with their railway. 

Section 2. That it shall be lawful for the said Germantown 
Passenger railway company to increase their capital stock to 
ten thousand shares, of fifty dollars each, and to borrow any 
sum of money by them required, not exceeding in amount 
one-half of their capital stock as hereby increased, at a rate 
of interest not exceeding seven per centum per annum, and 
to issue bonds therefor, in the sum of not less than one hun¬ 
dred dollars each, and to secure the payment thereof by a 
mortgage or mortgages upon the whole or any part of their 
railway, including their interest in the said road to be con¬ 
structed upon Fourth and Eighth streets and Dickinson and 
Walnut streets, and the appurtenances thereof, and upon 
their corporate rights, franchises and privileges, or any part 
thereof. 

Section 3. That all general meetings or elections by the 
stockholders of the Germantown Passenger railway company, 
shall be conducted, and the vote shall be given according to 
the provisions of the fifth section of an act, entitled “ An Act 
regulating railroad companies,” approved the nineteenth day 
of February, Anno Domini one thousand eight hundred and 
forty-nine. 

Section 4. That whenever it may be inexpedient to follow 
the bed of the said Germantown and Perkiomen turnpike, in 
the construction and laying of said railway, it shall be law¬ 
ful for said company to diverge therefrom and use and oc¬ 
cupy any street or land that may be necessary for the said 
route: Provided however , That the said Germantown Passen¬ 
ger railway company shall pay damages for any land so used 
and occupied ; which damages shall be ascertained and set¬ 
tled in the manner directed by the above mentioned act regu¬ 
lating railroad companies, approved the nineteenth day of 
February, Anno Domini one thousand eight hundred and 
forty-nine. 

Section 5. That if the said Germantown Passenger rail¬ 
way company shall, within thirty days after the passage of 
this act, file in the office of the city solicitor, a written obli¬ 
gation under their common seal, covenanting to comply with 
all the ordinances of the select and common. councils of the 
city of Philadelphia, regulating passenger railways, the same 
shall be deemed and taken to be a full compliance with the 


Increase of 
capital stock, 
&c. of German¬ 
town company. 


To be secured 
by mortgage. 


Meetings and 
elections. 


Relative to 
route. 


Proviso. 


Written obliga¬ 
tion to be filed 
a g r e e i n g to 
comply with 
city ordinan¬ 
ces. 


Taxation. 


Increase of 
capital stock, 
&c., by Green 
and Coates 
Street Com¬ 
pany. 


To be secured 
by mortgage. 


Relative to 
running cars 
upon the re¬ 
spective roads. 


Relative to use 
by Green and 
Coates road, to 
Fourth street, 

&c. 


Application of 
fifth section of 
this act. 


Germantown . 80 

ordinance of said councils authorizing the construction of 
said railway, approved one thousand eight hundred and fifty- 
eight ; and the said company shall be thereupon entitled 
forthwith to commence the construction of said roads; and 
the said company shall be subject to such rates of taxation as 
are now, or may hereafter be imposed on other passenger rail¬ 
ways in the city of Philadelphia. 

Section 6. That it shall be lawful for the said Green and 
Coates Streets Philadelphia Passenger railway company to 
increase their capital stock eight thousand shares, of fifty 
dollars each, and to borrow any additional sum of money by 
them required, not exceeding one hundred and fifty thou¬ 
sand dollars, at a rate of interest not exceeding seven per 
centum per annum, and to issue bonds therefor, in the sum of 
not less than one hundred dollars each, and to secure the 
payment thereof by a mortgage or mortgages upon the whole 
or any part of their railway upon Green and Coates streets, 
and the appurtenances thereof, and upon their interest in the 
said road so to be constructed upon Fourth and Eighth 
streets and Dickinson and Walnut streets, and upon their 
corporate rights, franchises and privileges, or any part 
thereof. 

Section 7. That nothing in this act contained shall be con¬ 
strued to give the Germantown Passenger railway company 
the right to run their cars upon the railways on Green and 
Coates streets, or to give the Green and Coates Streets Phil¬ 
adelphia Passenger railway company the right to run their 
cars on that part of Fourth or Eighth streets north of Coates 
street; nor shall any other passenger railway company have 
such right, unless by contract. 

Section 8. That the said Green and Coates Street Phila¬ 
delphia Passenger railway company may use their road to 
Fourth street or to any point eastward thereof, at their dis¬ 
cretion ; and may remove their tracks eastwardly of said 
Fourth street, without prejudice to their right to relay the 
same, and to continue the said road, according to the route 
prescribed by their charter, at any time hereafter; and the 
fifth section of this act shall apply to the said company, in 
respect of the said railway hereby authorized to be built by 
them as aforesaid ; and all the rights, powers and privileges 
granted by this act may.be exercised by the said companies 
respectively, at their discretion, in whole or in part, and 
from time to time, as they may deem advisable. 


81 


Germantown. 


Section 9. That if any one or more of the stockholders of Sockhom^s 8 
either of the said two railway companies shall or may dis- relative to. 
sent from the exercise of any of the powers by this act 
granted, then it may be lawful for such dissenting stock¬ 
holders to apply, by petition, to the district court of the city 
of Philadelphia, to have his stock valued and appraised by 
three disinterested persons, to be appointed by said court; 
and it shall be lawful for either of the said companies to 
purchase such stock, and to pay therefor such sum as may 
be found due to such dissenting stockholder. 

Section 10. That it shall be lawful for either of them, the Either c o^m- 
said Germantown Passenger Railway Company, or the said Fzed n to a seii°to 
Green and Coates Street Philadelphia Passenger Railway theother - 
Company, whenever a majority of the holders of the stock 
of either company shall, at a meeting called for that purpose, 
so authorize, grant, sell and convey to the other of said com¬ 
panies all their right and interest to and in the said railway 
so hereby authorized to be jointly built, with its appurte¬ 
nances, and to and in all the rights, privileges and franchises 
thereof; and when so granted and conveyed, the same shall 
be held and enjoyed by the purchasing company, as though 
the same had been by due authority made, constructed, and 
enjoyed by them alone. 

Section 11. That all laws, or parts of laws, inconsistent Repeal, 
herewith, be and the same are hereby repealed. 

March 22, 1859. (P. L: 284.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same , 

That it shall and may be lawful for a majority of the stock- Number of 
holders of the Germantown Passenger Railway Company, geSmaVbere- 
and they are hereby empowered, to reduce the number of duced. 
their board of managers, of said company, from nine to 
three, including the president; and if, at any future period, 
the stockholders desire to add to their number of managers, 
they may increase the same to any number, not exceeding 
twelve, including the president: Provided , however , That Proviso, 
such diminution, or increase, shall be made at a meeting of 
the stockholders, specially convened for such purpose, to be 
held at their usual place of business, after two weeks’ notice, 
in one or more of the daily papers of the city of Philadel- 



Germantown. 


82 


Proviso. phia: And also 'provided , That such meeting shall be held at 
least one month before the second Monday in June, being 
the annual period for electing managers for said company. 

Managers au- Section 2. That the managers of the said company are 
i h p r o Z rtio 0 n Se of hereby authorized and empowered to sell and convey, either 
tate!* real es ' upon ground rent or in fee simple, or taking a mortgage for 
the whole or part of the consideration money, any portion of 
the real estate now owned by them, as the board of mana¬ 
gers may deem it unnecessary for the said company to hold, 
for the use of the said railway; such sales to be made, either 
at public or private sale, and for such price, and upon such 
terms, as the board of managers may think fit. 

April 8,1863. (P. L. 270.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
A 1 !?ng otSiga- That the Germantown Passenger railway company of Phila- 
tjon {With city delphia, upon filing in the office of the solicitor of the city 
tendVrack^’of Philadelphia, their obligation to comply with all ordi¬ 
nances of the said city regulating passenger railway compa¬ 
nies, be and they are hereby authorized to continue and ex¬ 
tend their track and run their cars at any time here- 
Eoute. after, commencing at their present track on Seventh street 

or Germantown avenue; thence westward along Susque¬ 
hanna avenue to Thirty-third street; thence southward along 
Thirty-third street to Norris street; thence eastward along 
Norris street, to connect with their track at Seventh street 
or Germantown avenue, with privilege to connect at Twenty- 
first street, and to extend along any convenient streets nec¬ 
essary to make the circuit around Odd Fellows’, American 
Mechanics,’ Glenwood and Monument cemeteries, and along 
Dauphin street from Seventh street or Germantown avenue 
to Ninth street; said extensions to be built from time to 
time, as the said streets may be opened and railway facili¬ 
ties required thereon ; and until Norris street and Susque¬ 
hanna avenue are opened for use through the said cemete¬ 
ries, it may be lawful for the said company to diverge there¬ 
from, and use and occupy any street or land that may be 
necessary for the said route, first making compensation to 
the owners of any land other than streets so used and occu¬ 
pied, which. compensation or damages shall be ascertained 
and settled in the manner provided by the general railroad 
act. 



83 


Germantown. 


Section 2. That the said company is hereby authorized to 
convert all bonds now outstanding, or that may be issued 
under authority of previous acts, at the option of the bond¬ 
holders, into stock, upon such terms and priee as the board 
of managers of the said company may agree: Provided , 
That no shares of stock shall be paid in exchange for bonds, 
or sold at less than the current market value of such stock 
at the time of exchange or sale; and the said company is 
hereby authorized to increase its capital stock to an amount 
necessary to carry out the true intent and meaning of this 
act. 

April 3,1872. (P. L. 761.) 


Section 1. Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That the Germantown Passenger Railway Company, and the 
Green and Coates Street Passenger Railway Company be and 
they are hereby authorized jointly, from time to time, to ex¬ 
tend their railway track from Dickinson street, south along 
Fourth street, and south along Eighth street, to the extent 
to which the said streets or either of them are now, or may 
hereafter be opened for public use, and the said companies 
may use any street or streets south of Dickinson street for 
the purpose of making a circuit; and this act shall have the 
same effect and be interpreted as if the same had formed 
part of the act to which it is a supplement. 

April 3, 1872. (P. L. 827.) 


ORDINANCES. 

Whereas, By the provisions of an act of Assembly, ap¬ 
proved April 15, 1858, entitled 44 An Act to incorporate the 
Girard College Passenger Railway Company,” and of a cer¬ 
tain other act of Assembly, entitled 44 An Act to incorporate 
the Green and Coates Street Philadelphia Passenger Railway 
Company, approved April 21, 1858, and of a certain other 
act of Assembly, entitled 44 An Act to incorporate the Ger¬ 
mantown Passenger Railway Company,” approved April 21, 
1858, the right is reserved to the City Councils to disap¬ 
prove of the said acts of Assembly, respectively, and of the 
right therein respectively granted to the said companies to 


May convert 
outstanding 
bonds into 
stock. 


Proviso. 


May increase 
capital stock. 


May extend 
track south on 
Fourth and 
Eighth streets. 


Preamble. 




Germantown. 


84 


Disapproval of 
certain acts. 


Circumstances 
under which 
disapproval 
shall cease. 


Preamble. 


Proceedings to 
prevent con¬ 
struction d i - 
rected, under 
certain circum¬ 
stances. 


occupy the streets and highways of the said city, therein re¬ 
spectively, within thirty days from the passage of the said 
acts of Assembly ; therefore, 

Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, That in pursuance of the power 
and authority in them vested by the said acts of Assembly, 
Councils do hereby declare their disapproval of each and 
every of the said acts of Assembly in the- above preamble 
mentioned, and of the rights therein respectively granted to 
“ The Girard College Passenger Railway Company,” “ The 
Green and Coates Street Philadelphia Passenger Railway 
Company,” and “ The Germantown Passenger Railway Com¬ 
pany,” to occupy the streets and highways of the City of 
Philadelphia. 

Section 2. That if any company in the said preamble 
named, shall, within ninety days from the passage of this 
Ordinance, and before such company shall occupy any of the 
said streets or highways, file in the office of the City Solici¬ 
tor a written obligation, sufficient in law to bind such com¬ 
pany to observe and be subject to all ordinances of the City 
in relation to Passenger Railways, then in force, or there¬ 
after to be passed, then the provisions of the first section of 
this ordinance as to each and every such company as shall 
file such written obligation as aforesaid, shall cease to have 
effect. 

May 5, 1858. (Ords. 175.) 


Whereas, By the seventh section of an act of Assembly, 
incorporating u The Germantown Passenger Railway Com¬ 
pany,” it is provided that no work shall be commenced 
“ until the Select and Common Councils of the City of Phila¬ 
delphia shall have passed an act permitting and allowing 
the construction of the said road.” 

And whereas, no such permission has been given to the 
said “ The Germantown Passenger Railway Company;” 
therefore, 

Resolved, That the City Solicitor be, and he is hereby 
directed, to take immediate proceedings to prevent the con¬ 
struction of any passenger railway by “The Germantown 
Passenger Railway Company ” until the permission contem- 



85 


Germantown. 


plated by the seventh section of the act referred to shall 
have been obtained, unless the provisions in the said seventh 
section have been repealed by the supplement to the charter 
of the said company. 

April 26, 1859. (Ords. 224.) 


Resolved, By the Select and Common Councils of the Granting tem- 
City of Philadelphia, That the Germantown Passenger Rail- ooiumbia S Ave! 
way Company be, and they are hereby authorized to lay } t “.£, t Seventl * 
rails temporarily on Columbia avenue, between Seventh and s iee ‘ 
Eighth streets, and along Seventh street, to connect with 
their road at Montgomery street, until the culvert now 
being constructed on Montgomery avenue shall be com¬ 
pleted: Provided, That they shall place said streets in as 
good condition as they were before they used them. 

July 18, 1860. (Ords. 832.) 


Resolved,, By the Select„and Common Councils of the City Direction to re- 
of Philadelphia, That the Chief Commissioner of Highways Streefbetween 
be and he is hereby directed to notify the Fourth and Eighth lighthWeets. 
Street City railroad to repave Dickinson street on the line 
of their road from Sixth to Eighth streets. 

May 30, 1864. (Ords. 238.) 


Resolved, by the Select and Common Councils of the City of f a u J h0 d n o z J d b ^ 
Philadelphia, That the Germantown Passenger Railway track on Girard 
Company are hereby authorized to lay a double track on lege Avenues, 
the southeasterly side of Girard avenue, from the north¬ 
easterly side of Shackamaxon street to the southwesterly 
side of Frankford road, and to lay an additional track on 
the west side of West College avenue, from the south side of 
Poplar street to the middle of Girard avenue : Provided, Pl . oviso> 

That said rails shall be laid in a manner satisfactory to the 
Chief Engineer and Surveyor, and shall conform to the es¬ 
tablished grade of the streets along which the same shall be 
laid : And provided, They keep said streets in good re- Proviso, 
pair: Provided further, That the said company pay into the proviso. 

City Treasury the sum of Twenty-five dollars, to pay for the 
publication of this resolution. 

April 28, 1866. (Ords. 138.) 





Germantown. 


86 


Authorized to 
lay track on 
Township Line 
Koad. 


Proviso. 


Proviso. 


Permitted to 
use salt on cer¬ 
tain portion of 
road. 


Authorized to 
extend tracks 
to Girard Ave¬ 
nue Bridge. 


Proviso. 


Additional li¬ 
cense to he 
paid for privi¬ 
lege of running 
on bridge. 


Resolved, by the Select and Common Councils of the City of 
Philadelphia, That the Germantown Passenger Railway Com¬ 
pany are hereby authorized to lay a single railroad track on 
the Township line road to Oakdale Park, from a point where 
it intersects with the Germantown road, distance about three 
hundred feet: Provided, That said rails shall be laid in a 
manner satisfactory to the Chief Engineer and Surveyor, and 
shall conform to the established grade of the streets along 
which the same shall be laid: And provided further, That the 
company shall remove the tracks upon six months’ notice 
from the Chief Commissioner of Highways. 

June 8, 1866. (Ords. 197.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain. That the Germantown Passenger 
Railway Company is hereby authorized and permitted to 
use salt on that portion of their tracks lying north of the 
junction of Germantown avenue and Diamond street, and all 
ordinances so far as they are inconsistent herewith be and 
the same are hereby repealed. 

March 19, 1869. (Ords. 107.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Germantown (Girard Ave¬ 
nue) Passenger Railway Company be and is hereby author¬ 
ized to extend the tracks of said railway from their present 
terminus to connect with the double track railway now upon 
Girard Avenue Bridge : Provided , however, The said work be 
done under the supervision and regulation of the Chief Com¬ 
missioner of Highways, and shall not be commenced until 
gas and water pipe be laid on Girard avenue, between the 
Reading Railroad Bridge and the Girard Avenue Bridge, 
and said avenue be graded between the points named to the 
established grade of the city. 

Section 2. That said Germantown (Girard Avenue) Pas¬ 
senger Railway Company shall pay into the office of the 
Chief Commissioner of Highways, in the month of January 
of each year, for the use of the city, the sum of fifty dollars 
(in addition to the license fee now exacted) for each car run 
oyer, or intended to be run upon and across the railway tracks 
laid by the city on the Girard Avenue Bridge; and for each 




87 


Germantown. 


and every car so used upon the 3aid bridge before the time 
herein provided for paying the said yearly sum, a propor¬ 
tionate amount shall be paid until the succeeding January; 
and at the time of the payment of the fifty dollars aforesaid, 
a license shall be obtained by said Germantown (Girard Ave- License to be 
nue) Passenger Railway Company from said Chief Commis- obtamcd 
sioner of Highways, for the privilege of running their cars 
over said Girard Avenue Bridge; and each and every car of and posted, 
said Germantown (Girard Avenue) Passenger Railway Com¬ 
pany shall have conspicuously placed therein the license so 
granted by the Chief Commissioner of Highways ; and the 
said Commissioner of Highways shall have the power and 
privilege to stop the running of all cars not having the 
aforesaid licenses posted, as provided in this section. Every 
violation of the provisions of this ordinance shall subject the 
aforesaid company to a penalty of fifty dollars, and to such penalty, 
other penalties as are provided for by Section 5 of an ordi¬ 
nance entitled “An Ordinance supplementary to an Ordi¬ 
nance entitled ‘An Ordinance to regulate Passenger Rail¬ 
ways,’” approved April 1, 1859: Provided, That the said proviso. 
Germantown (Girard Avenue) Passenger Railway Company 
shall agree to run over said bridge, daily, not less than thirty 
cars so licensed: And provided farther, That said company proviso, 
shall agree to sell and receive exchange tickets at such rates 
as are now charged from all railway companies crossing the 
said Germantown (Girard Avenue) Passenger Railway. 

Section 3. The said Germantown (Girard Avenue) Pas- to agree in 
senger Railway Company, previous to running any car or piy^h’ce 1 ?- 
cars upon or over said bridge, shall, in writing, agree to tain ordinance, 
comply with Section 2 of an ordinance entitled u An Ordi¬ 
nance to authorize Clark, Reeves & Co. to lay railway tracks 
on Girard Avenue Bridge, and to regulate the use of said 
tracks by passenger railway companies,” approved April 6, 

1874: Provided , That the privilege hereby granted to the proviso. 
Germantown (Girard Avenue) Passenger Railway Company 
shall not be construed to prohibit the City of Philadelphia 
from granting similar privileges to any other passenger rail¬ 
way company, or companies : And provided further, That the proviso, 
privileges and requirements contained herein may be re¬ 
voked, by the passage of an ordinance to that effect. 

July 8, 1875. (Ords. 179.) 



Girard College. 88 

GIRARD COLLEGE PASSENGER RAILWAY CO. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority of the same , 
Commissioners That Robert A. Parish, William F. Emlen, Robert Ralston, 
James Page, Edward D. Stokes, D, T. Pratt, Harry Conrad, 
Robert Morris, Theophilus Cauffman, William Trego, Coates 
Walton, Macgregor J. Mitcheson, J. Austin Parish, James 
F. Nicholas, Charles Thomson Jones, Jacob Esher, or any 
five of them, are hereby appointed commissioners to open 
books, receive subscriptions, and organize a company under 
the provisions of the general railroad law of eighteen hun¬ 
dred and forty-nine, and the supplements thereto, by the name, 
style. style and title of the Girard College Passenger railway com¬ 

pany, and as such, shall have power to lay out and construct 
Route. a railway in the city of Philadelphia, from or near the Girard 

college, down Ridge avenue to Tenth and Ninth streets, re¬ 
spectively ; thence down said streets to Arch street; and 
thence down Arch to Second street, with a double track on 
said avenue and Arch streets, and shall have power to con¬ 
vey passengers over the same; and the said company shall 
May hold real also have the right to purchase real estate, and to erect 
thereon such buildings and improvements as may be deemed 
expedient and necessary for the purposes of said, company; 
and also, to purchase the necessary equipments for said rail¬ 
ways ; and no freight or burden trains, or locomotives, shall 
Proviso. be permitted to pass over the same: Provided , That the said 
company, before commencing to build said road upon said 
streets, shall purchase, at the option of the owners, the stock 
of horses, omnibuses, sleighs and harness owned and used 
upon said streets at the time of commencing said road, at a 
price to be assessed in the following manner: The said own¬ 
ers shall choose one disinterested person, and the said com¬ 
pany shall choose a second person, and the two thus chosen 
shall choose a third, who together, shall be disinterested per¬ 
sons, and shall appraise such stock; and the value thus ar¬ 
rived at shall be reported to the parties interested within 
twenty days, and the decision thus arrived at shall be bind¬ 
ing and conclusive: Provided further , That any passenger 
railroad that is now, or may be hereafter incorporated, con¬ 
necting with or crossing the same, shall have the right to 



89 


Girard College. 

run their cars upon said road, on payment of an equal part of 
all the costs thereof, upon terms to be agreed upon by the 
said parties interested ; and if the said parties cannot agree 
then the district court of the city of Philadelphia shall, upon 
petition presented by either party, appoint two persons who 
shall fix the amount to be paid by the parties using said road. 

Section 2. That the capital stock of said company shall 
consist of ten thousand shares, of fifty dollars each; Provided , 
That said company may from time to time, by a vote of the 
stockholders, at a meeting convened for that purpose, in¬ 
crease their capital stock as much as in their opinion maybe 
necessary to complete said railway or railways, and to carry 
out the true intent and meaning of this act. 

Section 8. That dividends of so much of the profits of said 
company as shall appear advisable to the directors, shall be 
declared in the months of January and July in each and 
every year, and be paid at the office of said company any 
time after ten days from the time of declaring the same, but 
said dividends shall in no case exceed the amount of the net 
profits of said company, so that the capital stock shall never 
be impaired thereby; and if said directors shall make any 
dividend impairing the capital stock of said company, the 
directors consenting thereto shall be liable in their individual 
capacities to said company for the amount so divided, and 
each director present when such dividend shall be declared, 
shall be considered as consenting thereto, unless he or they 
protest upon the minutes of the board and give public notice 
of the same. 

Section 4. That the said company shall make and have a 
common seal, and the same to alter and renew at pleasure, 
and also to ordain, establish and put in execution such by¬ 
laws, ordinances and regulations as shall appear necessary or 
C9nvenient for the government of said corporation, and not 
being contrary to the constitution and laws of the United 
States, or of this commonwealth, and generally to do all and 
singular the matters and things which to them it shall law¬ 
fully appertain to do for the well being of said corporation, 
and the due ordering and managing of the affairs thereof. 

Section 5 . That said company shall have power to elect or 
appoint a president and five directors, (a majority of whom, 
with the president, shall be citizens of Philadelphia,) and 
such other officers as may be deemed necessary or expedient; 
and in every election for officers, each share ot stock shall en¬ 
title the holder to one vote. 


Capital. 


Dividends. 


Individual lia¬ 
bility. 

Seal. 

By-laws, ordi¬ 
nances, &c. 


Officers. 


90 


May issue 
bonds. 


Must not con¬ 
nect with any 
other than pas- 
s e n g e r rail¬ 
ways. 


Per cent, on 
di v i d e nds to 
he paid into 
city treasury. 


Subject to. 


Proviso. 


Consent of city 
councils to be 
obtained. 


Must conform 
to g r a d es of 
streets. 


Subject to. 


Girard College. 

Section 6 . That said company shall have power to raise on 
bonds any sum not exceeding one-half of their capital stock, 
for the purpose of carrying out the true intent of this act: 
Provided, That no bond shall be issued for a less amount than 
one hundred dollars. 

Section 7. That the said railroad company shall not con¬ 
nect with any railroad other than for passenger purposes, 
and of the same guage, under the penalty of a forfeiture of 
their charter; and the said company shall annually pay into 
the treasury of the city of Philadelphia, for the use of said 
city, whenever the dividends shall exceed six per centum per 
annum on the capital stock, the sum of six per centum on the 
said dividends thus declared: Provided , That whenever any 
damages may be sustained by reason of this company taking 
possession of lands or other property, other than above de¬ 
scribed, except so far as the usufruct of the before named 
streets necessary to the full and perfect enjoyment of the 
purposes by this act designed, the said damages shall be as¬ 
sessed and paid in the manner, and according to the provi¬ 
sions of the eleventh section of the act of nineteenth of Feb¬ 
ruary, Anno Domini one thousand eight hundred and forty- 
nine, entitled “An Act regulating railroad companies:” 
And provided further , That the city councils may from time 
to time, by ordinance, establish such regulations in regard to 
said railway as may be required for the paving, re-paving, 
grading, culverting, and the laying of gas and water pipes 
in and along said streets, and to prevent obstructions there¬ 
on : And provided f urther, That before the said company shall 
use and occupy the said streets, the consent of the city coun¬ 
cils shall be lirst obtained; and said consent shall be taken 
and deemed to have been given, if said councils shall not 
within thirty days after the passage of this act, by ordinance 
duly passed, signify their disapproval thereof. 

Section 8. That said company, in constructing said road, 
shall conform to the grades now established, or hereafter to 
be bjr law established, of the several streets and avenues 
traversed by said road, and keep said streets and avenues in 
perpetual good repair, at the proper expense of said company : 
Provided, That said Girard College Passenger railway com¬ 
pany shall be subject to an ordinance of the city councils, en¬ 
titled “ An ordinance to regulate passenger railways within 
the city of Philadelphia,” approved the seventh day of July, 
Anno Domini one thousand eight hundred and fifty-seven. 
April 15,1858. (P. L. 300.) 


91 


Girard College. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the Girard College Passenger Railway Company shall Authorized to 
have the right and.power, and are hereby authorized, to lay tracks^ dltlonal 
a single track of railway from the intersection of Ridge ave¬ 
nue and Twenty-second street northwardly along said Twen¬ 
ty-second street to Diamond street: and thence westwardly 
along said Diamond street and Islington lane to Twenty-third 
street; thence southwardly along Twenty-third street to 
Ridge avenue. 

April 13, 1868. (P. L. 973.) 


ORDINANCE. 

Whereas, By the provisions of an act of Assembly, ap- preamble, 
proved April 15, 1858, entitled “An act to incorporate the 
Girard College Passenger Railway Company,” and of a cer¬ 
tain other act of Assembly, entitled u An Act to incorporate 
the Green and Coates Street Philadelphia Passenger Railway 
Company,” approved April 21, 1858, and of a certain other 
act of Assembly, entitled “An Act to incorporate the Ger¬ 
mantown Passenger Railway Company,” approved April 21, 

1858, the right is reserved to the City Councils to disap¬ 
prove of the said acts of Assembly, respectively, and of the 
right therein respectively granted to the said companies to 
occupy the streets and highways of the said city, therein 
respectively, within thirty days from the passage of the said 
acts of Assembly ; therefore, 

Section 1 . The Select and Common Councils of the City Disapproval of 
of Philadelphia do ordain, That in pursuance of the power ceitam acts « 
and authority in them vested by the said acts of Assembly, 

Councils do hereby declare their disapproval of each and 
every of the said acts of Assembly in the above preamble 
mentioned, and of the rights therein respectively granted to 
46 The Girard College Passenger Railway Company,” 44 The 
Green and Coates Street Philadelphia Passenger Railway 
Company,” and 44 The Germantown Passenger Railway Com¬ 
pany,” to occupy the streets and highways of the city of 
Philadelphia. 

Section 2. That if any company in the said preamble 
named, shall, within ninety days from the passage of this 



Greenwich . 


92 


Ordinance, and before such company shall occupy any of the 
said streets or highways, file in the office of the City Solic- 
Circumstances itor a W1 ’itten obligation, sufficient in law to bind such com- 
upder which pany to observe and be subject to all ordinances of the city 
cease ? 1 ° val to in relation to Passenger Railways, then in force, or there¬ 
after to be passed, then the provisions of the first section of 
this ordinance as to each and every such company as shall 
file such written obligation as aforesaid, shall cease to have 
effect. 

May 5, 1858. (Ords. 175.) 


GREENWICH IMPROVEMENT AND RAILROAD 
COMPANY. 

(Formerly Greenwich Land and Building Association.) 


ACTS OF ASSEMBLY. 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
Name changed That the Greenwich Land and Building Association is 
hereby changed, in its name, style and title, and shall be 
nnued. ses con known hereafter by the name, style and title of the Green¬ 
wich Improvement and Railroad Company, and shall retain 
under the said name and title all its existing powers, privi¬ 
leges, rights and property, and be subject to all its present 
duties, obligations and liabilities. 


Section 2. That the said company is hereby authorized 
mak h e°a Z r a i d an d empowered to construct a railroad, with one or more 
road - tracks, from their property in the First ward, in the city of 

Philadelphia, to some convenient point in the said ward, 
and connect the same with any railroads therein, subject to 
n jec o. a p ^he provisions of the act of Assembly regulating railroads, 
approved February nineteenth, Anno Domini one thousand 
eight hundred and forty-nine; and the said company shall 
have the right to increase its capital stock to the extent of 
proviso two thousand shares more: Provided , That said road shall 
be located as regards grades and route by and under the ap¬ 
proval of the board of surveys of said city: And provided , 
That nothing herein contained shall extend the existence of 
said corporation beyond its present limit. 

April 21, 1856. (P. L. 542.) 




93 


Greenwich. 


Section 1. Be it enacted hy the Senate and House of Repre- 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the charter of the Greenwich improvement and rail- charter ex¬ 
road company (which was originally granted by the court of ylars ded ten 
common pleas of the county of Philadelphia, and recorded in 
the office for recording deeds, et cetera, for the city and 
county of Philadelphia, in Miscellaneous books G.W. C., num¬ 
ber one, page four hundred and seventy-nine, et cetera, in the 
name of the Greenwich land and building association, the 
name of which, by act of assembly approved the twenty-first 
day of April, Anno Domini one thousand eight hundred and 
fifty six, was changed to the Greenwich improvement and 
railroad company) be and the same is hereby extended for a 
term of ten years from the expiration thereof, with all its ex¬ 
isting powers, privileges, rights and property, and subject to 
all its present duties, obligations and liabilities. 

May 1, 1861. (P. L. 1862, 606.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As- 
sembly met , and it is hereby enacted by the authority of the same , 

That the Greenwich Improvement and Railroad Company be Authorized to 
and the same are hereby authorized to forfeit the stock of shakVofdeiiu 6 
shareholders, in said company, for the non-payment of assess- g£faei-s St0Ck 
ments, made by the company thereon, at any time, sixty days 
after such assessment shall be due : Provided , That no such 
forfeiture shall be incurred,except on ten days’ actual notice, Notice re- 
' or else by publication, in one, or more newspapers, published quired - 
in the city of Philadelphia, twice a week, for at least three 
weeks. 

Section 2. That the shares, so forfeited, may be sold at shares for- 
public sale, at such time and place, as may be designated in * ® 1 ^ t e d t0 be 
the notices, or publications, aforesaid; the surplus, after dis¬ 
charging the assessments, and necessary expenses of such 
sales, to go to the use of the holder, or holders, of the forfeit¬ 
ed stock. 

March 23, 1865. (P. L. 760.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 




94 


Green £ Coates. 

chaVter* ^en That the charter of the Greenwich Improvement and Rail- 
years. road Company is hereby extended for the term of ten years, 

from the thirtieth day of April, Anno, Domini one thousand 
eight hundred and seventy-two, with all its existing powers, 
privileges, rights and property, and subject to all its present 
duties, obligations and liabilities. 

April 8, 1872. (P. L. 791.) 


GREEN AND COATES STREETS PHILADELPHIA 
PASSENGER RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
Commissioners That Harry Connelly, George Read, David Scull, George A. 

Binder, Henry Crilly, Hugh Clark, James E. Stileman, Wil¬ 
loughby Rex, Samuel B. Jones, Abel C. T. Smith, William 
Dounie, Henry Gerker, Lewis Shinnick, Samuel Wilt, Wil¬ 
liam Reed, John Schaffer, James J. Arbuckle, George Eritz, 
Daniel Hensil, John Deemer, A. Eugene Smith, Erederick 
Gerker, Milton Miller, George W. Hamersly, Peter Fisher, 
Andrew M’Bride, Charles Wister, Alfred R. Lentz, Daniel 
T. Moore, William M. Wilson, Alexander Crawford, Wilson 
Iverr, Eugene Woodward, John P. Rice, John Streper, 
Thomas Hankinson, or a majority of them, be and they are 
hereby appointed commissioners to open books, receive sub- 
styie. scriptions, and organize a company by the name, style and 

title of the Green and Coates Street Philadelphia Passenger 
railway company, with power and authority to construct a 
lioute. passenger railway beginning at Oak street, running west 
along Green street to Twenty-second street; thence north¬ 
wardly along Twenty-second to Coates street; thence west- 
wardly along Coates street, with a double track to river 
Schuylkill; thence eastwardly along Coates street to the 
Subject to. place of beginning, subject to all the provisions and restric¬ 
tions of an act regulating railroad companies, approved the 
nineteenth day of February, Anno Domini one thousand eight 
hundred and forty-nine, and the several supplements thereto, 
so far as the same is not altered or repealed by this act • and 
the said Green and Coates Street Philadelphia Passenger 




95 


Green § Coates. 

railway company shall have the right to cross at grade, and May cross at 
to connect with any other railroad now built, or that may lectwithother 
hereafter be built in the city of Philadelphia. railways, &c. 

Section 2. That the capital stock of the said company shall capital, 
consist of two thousand shares of fifty dollars each ; and that 
the said company may from time to time, by a vote of the 
stockholders at a meeting called for that purpose, of which 
meeting thirty days’ notice shall be given in two or more 
papers in the city of Philadelphia, increase the capital stock 
to an amount sufficient to carry out the true intent and 
meaning of this act; for the purpose of completing and equip¬ 
ping the said railway, the said company shall have the pow- Ma y borrow 
er ot borrowing any sum of money, not exceeding one hun¬ 
dred thousand dollars, at a rate of interest not exceeding 
seven per centum per annum, and to secure the payment of 
the same by the issue of a bond and mortgage of the said 
railway, together with the corporate rights and franchises 
granted by this act, and to annex to the said bond and mort¬ 
gage the privilege of converting the same into the capital 
stock of the said company, at par, at the option of the hold¬ 
ers, if they shall signify their election one year before the 
maturing of the same: Provided , That the same company proviso, 
shall issue no certificate of loan of a less denomination than 
one hundred dollars. 

Section 3. That the said road shall be used exclusively as 
a passenger railway, by horse locomotion, and that the guage 
of said road shall" be five feet two inches; and before the 
said company shall use and occupy the said streets, the con¬ 
sent of the councils of the city of Philadelphia shall be given; 
and said consent shall be taken and deemed to be given, if consent of 
the said councils shall not, within thirty days after the pas- oSned. to be 
sage of this act, by ordinance duly passed, signify their dis¬ 
approval thereof; and said councils may from time to time, 
by ordinance, establish such regulations in regard to said 
railway as may be required for the paving, re-paving, grad- Paving, gr a¬ 
ins, culverting and laying of water and gas pipe in and along uve g to ’ ie a * 
said streets, and to prevent obstructions thereon; and the 
said company, before commencing to use said streets, shall 
purchase, at the option of the owners, the stock of horses, Purchase of 
omnibuses, sleighs and harness owned and used upon said omm uses ’ rc ’ 
streets at the time of commencing the said road, at a price to 
be assessed in the following manner:—The said owners shall 
choose one disinterested person, and the said company shall 
choose a second person, and the two thus chosen shall choose 


96 


Price of, how 
assessed. 


Must conform 
to grades of 
streets. 


Streets to be 
kept in order 
by company. 


Not to connect 
with any other 
tjian passenger 
railways. 


Ereight cars 
prohibited. 


Proviso. 


Eight to run 
upon other rail¬ 
ways. 


Green $ Coates. 

a third, who, together, shall be disinterested persons, and 
shall appraise such stock, and the value thus arrived at shall 
be binding and final. 

Section 4. That it is hereby provided that the said Green 
and Coates Street Philadelphia Passenger railway company 
shall, in constructing their branch along the highways refer¬ 
red to, conform to the grades established, or which may here¬ 
after be established by the board of surveyors of the city of 
Philadelphia, and be subject to any ordinances passed by the 
councils of the said city relating thereto : Provided, That the 
streets thus occupied by the aforesaid railway company, shall 
be kept in repair by the said company: And provided farther , 
That said passenger railway shall have power to cross all 
railroad tracks of all railroad companies now incorporated, 
or hereafter to be incorporated, whose grade conform to 
theirs. 

Section 5. That the said railway company shall not con¬ 
nect, with any railroad, other than for passenger purposes and 
of the sameguage; and no freight or freight cars shall be 
permitted to pass over said railway, under the penalty of a 
forfeiture of its charter ; and the said company shall annually 
pay into the treasury of the city of Philadelphia, for the use 
of said city, whenever the dividend shall exceed six per 
centum per annnm on the capital stock, the sum of six per 
centum on the excess above six per centum thus declared: 
Provided further, That any passenger railroad that is now or 
may be hereafter incorporated, connecting with or crossing 
the same, shall have the right to run their cars upon said 
road, upon terms to be agreed upon by said parties interest¬ 
ed ; and if the said parties cannot agree, then the district 
court of the city of Philadelphia shall, upon petition present¬ 
ed by either party, appoint two persons who shah fix the 
amount to be paid by the parties using the same. 

Section 6. And it is hereby provided, that thes aid company 
hereby incorporated shall have the right to run their cars 
upon any other passenger railway now incorporated, or that 
may be hereafter incorporated in said city of Philadelphia, 
upon such terms as provided for in section five. 

April 21, 1858. (P. L. 447.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 



97 


Green $ Coates. 

That the Germantown Passenger Railway Company be and 
are hereby authorized and empowered, subject to the rights 
hereinafter conferred on the Green and Coates Streets Phila¬ 
delphia Passenger Railway Company, to lay down and con¬ 
struct, and use a railway from the point where Fourth street 
intersects the Germantown and Perkiomen turnpike, in the 
city of Philadelphia, and running thence southwardly along 
said Fourth street, in said city, to Dickinson street; thence 
westwardly along said Dickinson street to its intersection 
with Eighth street; and thence northwardly on said Eighth 
street to its intersection with the said Germantown ^and 
Perkiomen turnpike, with the right and power to make and 
lay a track on Walnut street, between their said tracks on 
Fourth and Eighth streets, so as to connect the said tracks 
on Fourth and Eighth streets by the said track on Walnut 
street; and it is hereby further enacted, that all that part of 
the said railway track in Fourth street, from the centre of 
Coates street; thence southwardly along Fourth street to 
Dickinson street; thence up Dickinson street to Eighth 
street; thence northwardly along Eighth street to the cen¬ 
tre of Coates street, and also the track on Walnut street be¬ 
tween Fourth and Eighth streets, connecting the track on 
Fourth and Eighth streets, as hereinbefore authorized to be 
built, shall be constructed, laid down, and used by the said 
Germantown Passenger Railway Company and the Green 
and Coates Street Philadelphia Passenger railway company, 
at their joint and equal expense, and shall be the joint pro¬ 
perty of the said two companies, each owning one-half there¬ 
of; and that part of the said track to be laid on Walnut 
street, as aforesaid, shall be subject to be used by any other 
passenger railway company that may be authorized to lay 
and use a track on Walnut street, on payment by said com¬ 
pany to the said Germantown Passenger railway company 
and"the said Green and Coates street Philadelphia Passenger 
railway company, of one half of the cost of construction of 
the said railway on Walnut street, and of the repairs thereof, 
and of the expense of keeping that portion of said street in 
repair; and the Germantown Passenger railway company are 
hereby authorized and empowered, at such times and in such 
portions as in their discretion they shall see proper, to lay 
down and construct a branch railway track or tracks along 
Broad street, northward from its intersection with the Ger¬ 
mantown and Perkiomen turnpike, to the intersection of said 
Broad street with the old York road; thence along said old 
York road to Milestown, or Branchtown, with the right to 


Power to ex¬ 
tend road. 


Eou'e. 


To be built and 
used jointly by 
both compa¬ 
nies. 


To be used by 
other passen¬ 
ger railways. 


Brirtch rail* 
way. 

Route. 


98 


May connect 
with other pas¬ 
senger rail¬ 
ways. 


Court to ap¬ 
point persons 
to fix terms. 


Proviso. 


Proviso. 


Proviso. 


Green $ Coates. 

extend the same to the point where the North Pennsylvania 
railroad crosses said road; and the said Germantown Pas¬ 
senger railway company, and the Green and Coates Street 
Philadelphia Passenger railway company, shall also have the 
right and privilege of running their cars over, or connecting 
their said road hereby authorized with, or crossing any other 
passenger railway in the city of Philadelphia, on such terms 
as may he mutually agreed upon: and, in case the said com¬ 
panies cannot agree as to such terms, then the district court 
of the city of Philadelphia shall, upon petition presented by 
either party, appoint two disinterested persons, who shall fix 
the amount to be paid by the parties using the same, and 
whose decision in the premises, when confirmed by said 
court, shall be final and conclusive : Provided , That the per¬ 
sons so appointed shall be duly sworn or affirmed before en¬ 
tering upon the discharge of their duties, and shall file their 
report in the prothonotary’s office of said court within thirty 
days after their appointment as aforesaid: Provided further, 
That until said Eighth street shall have been opened and 
graded, the said Germantown Passenger railway company 
shall have power and authority to construct and lay a single 
track on and along such streets as m&y be necessary to con¬ 
nect the track as laid upon Fourth and Eighth streets and 
make the same a continuous track, in order to carry out the 
full intent and meaning of this act: And provided further , 
That if the Germantown Passenger railway company shall 
be able to agree with the Germantown and Perkiomen turn¬ 
pike company for the right of way for their said railway over 
said turnpike, within thirty days after the passage of this 
act, then the said passenger railway company shall, within 
one year after such agreement, lay a railway track or tracks 
and run their cars thereon as provided in the original act in¬ 
corporating said company, from the intersection of said turn¬ 
pike with Eighth street, and northwardly as far as Wash¬ 
ington lane, in said city; hut if the said passenger railway 
company shall fail, within the said time, to agree with the 
said turnpike company for the right of way, then the said 
passenger railway company and the said turnpike company 
shall each, within a reasonable time thereafter, choose one 
person, and the two persons so chosen shall select a third per¬ 
son, all of whom shall be disinterested; or if the two first 
chosen fail to agree upon a third person within seven days 
after they are chosen, then the district court of the city of 
Philadelphia shall select such third person; and the three 
persons so chosen, or a majority of them, shall proceed to fix 


99 


G-reen $ Coates. 

and determine, by a yearly rental or otherwise, as they shall 
see proper, the fair value of the said right of way ; and the 
valuation so fixed shall be filed of record in the said court, 
and shall be confirmed by the said court. And within ten 
months after the said proceedings shall be finally settled and 
confirmed, the said passenger railway company shall lay a 
railway track or tracks to said Washington lane, and run 
their cars thereon, as before provided in this section; but 
nothing in this proviso shall prevent the Germantown Pas¬ 
senger railway company from taking immediate possession 
of, and ascertaining and settling damages for, the right of 
way on that portion of the Germantown and Perkiomen turn¬ 
pike which lies between Fourth and Eighth streets in said 
city, according to the provisions of the act regulating rail¬ 
road companies, approved the nineteenth day of February, 
Anno Domini one thousand eight hundred and forty-nine: 
And 'provided further , That if any part of the Germantow r n 
and Perkiomen turnpike road comes into the possession of 
the city of Philadelphia, it shall be the duty of the German¬ 
town Passenger railway company to keep said portion of the 
road in repair for such length as it may be occupied by them 
with their railway. 

Section 2. That it shall be lawful for the said Germantown 
Passenger railway company to increase their capital stock to 
ten thousand shares, of fifty dollars each, and to borrow any 
sum of money by them required, not exceeding in amount 
one-half of their capital stock as hereby increased, at a rate 
of interest not exceeding seven per centum per annum, and 
to issue bonds therefor, in the sum of not less than one hun¬ 
dred dollars each, and to secure the payment thereof by a 
mortgage or mortgages' upon the whole or any part of their 
railway, including their interest in the said road to be con¬ 
structed upon Fourth and Eighth streets and Dickinson and 
Walnut streets, and the appurtenances thereof, and upon 
their corporate rights, franchises and privileges, or any part 
thereof. 

Section 3. That all general meetings or elections by the 
stockholders of the Germantown Passenger railway company, 
shall be conducted, and the vote shall be given according to 
the provisions of the fifth section of an act, entitled “ An Act 
regulating railroad companies,” approved the nineteenth day 
of°February, Anno Domini one thousand eight hundred and 
forty-nine. 


Proviso. 


Increase of 
capital stock, 
«&c. of German¬ 
town company. 


To be secured 
by mortgage. 


Meetings and 
elections. 


100 


Green $ Coates. 

Relative to Section 4. That whenever it may be inexpedient to follow 
the bed of the said Germantown and Perkiomen turnpike, in 
the construction and laying of said railway, it shall be law¬ 
ful for said company to diverge therefrom and use and oc¬ 
cupy any street or land that may be necessary for the said 
proviso. route: Provided however, That the said Germantown Passen¬ 
ger railway company shall pay damages for any land so used 
and occupied ; which damages shall be ascertained and set¬ 
tled in the manner directed by the above mentioned act regu¬ 
lating railroad companies, approved the nineteenth day of 
February, Anno Domini one thousand eight hundred and 
forty-nine. 

Section 5. That if the said Germantown Passenger rail¬ 
way company shall, within thirty days after the passage of 
this act, hie in the office of the city solicitor, a written obli¬ 
gation under their common seal, covenanting to comply with 
all the ordinances of the select and common councils of the 
city of Philadelphia, regulating passenger railways, the same 
shall be deemed and taken to be a full compliance with the 
ordinance of said councils authorizing the construction of 
said railway, approved one thousand eight hundred and fifty- 
eight; and the said company shall be thereupon entitled 
forthwith to commence the construction of said roads; and 
the said company shall be subject to such rates of taxation as 
are now, or may hereafter be imposed on other passenger rail¬ 
ways in the city of Philadelphia. 

ca itai ea stock f Section 6. That it shall be lawful for the said Green and 
S by Green Coates Streets Philadelphia Passenger railway company to 
Str e C e°t a com S increase their capital stock eight thousand shares, of fifty 
pany. dollars each, and to borrow any additional sum of money by 

them required, not exceeding one hundred and fifty thou¬ 
sand dollars, at a rate of interest not exceeding seven per 
centum per annum, and to issue bonds therefor, in the sum of 
not less than one hundred dollars each, and to secure the 
To be secured payment thereof by a mortgage or mortgages upon the whole 
ymoi gage. Qr ^ p art of their railway upon Green and Coates streets, 
and the appurtenances thereof, and upon their interest in the 
said road so to. be constructed upon Fourth and Eighth 
streets and Dickinson and Walnut streets, and upon their 
corporate rights, franchises' and privileges, or any part 
thereof. 

running 'cars Section 7. That nothing in this act contained shall be con- 
spectiver'oads. strued to g iy e the Germantown Passenger railway company 


Written obliga¬ 
tion to be tiled 
agreeing to 
comply with 
city ordinan¬ 
ces. 


Taxation. 


101 


Green $ Coates. 

the right to run their cars upon the railways on Green and 
Coates streets, or to give the Green and Coates Streets Phil¬ 
adelphia Passenger railway company the right to run their 
cars on that part of Fourth or Eighth streets north of Coates 
street; nor shall any other passenger railway company have 
such right, unless by contract. 

Section 8 . That the said Green and Coates Street Phila- Relative to use 
delpliia Passenger railway company may use their road to coates e ?oadTto 
Fourth street or to any point eastward thereof, at their dis- fourth street, 
cretion; and may remove their tracks eastwardly of said 
Fourth street, without prejudice to their right to relay the 
same, and to continue the said road, according to the route 
prescribed by their charter, at any time hereafter; and the 
fifth section of this act shall apply to the said company, in Application of 
respect of the said railway hereby authorized to be built by ^ a s c e t ® tion of 
them as aforesaid; and all the rights, powers and privileges 
granted by this act may be exercised by the said companies 
respectively, at their discretion, in whole or in part, and 
from time to time, as they may deem advisable. 

Section 9. That if any one or more of the stockholders of ^khoide?s g 
either of the said two railway companies shall or may dis- relative to. 
sent from the exercise of any of the powers by this act grant¬ 
ed, then it may be lawful for such dissenting stockholder to 
apply, by petition, to the district court of the city of Phila¬ 
delphia, to have his stock valued and appraised by three 
disinterested persons, to be appointed by said court; and it 
shall be lawful for either of the said companies to purchase 
such stock, and to pay therefor such sum as may be found 
due to such dissenting stockholder. 

Section 10. That it shall be lawful for either of them, the Either com- 
said Germantown Passenger railway company, or the said S 7 to seu°to 
Green and Coates Street Philadelphia Passenger railway com- the otlier - 
pany, whenever a majority of the holders of the stock of 
either company shall, at a meeting called for that purpose, so 
authorize, grant, sell and convey to the other of said compa¬ 
nies all their right and interest to and in the said railway so 
hereby authorized to be jointly built, with its appurtenan¬ 
ces, and to and in all the rights, privileges and franchises 
thereof; and when so granted and conveyed, the same shall 
be held and enjoyed by the purchasing company, as though 
the same had been by due authority made, constructed, and 
enjoyed by them alone. 


102 


Green Coates . 

Kepeai. Section 11. That all laws, or parts of laws, inconsistent 

herewith, be and the same are hereby repealed. 

March 22,1859. (P. L. 284.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Fennsylvania in General As¬ 
sembly met , and, it is hereby enacted by the authority of the same y 
Authorized to That the Green and Coates street Philadelphia Passenger 
move^racks^ 6 ’ railway company shall have power to extend their tracks 
from the present terminus, at Coates street Landing avenue, 
along Landing avenue to a point opposite Kerns’s mill; and that 
said company are also authorized to remove their track from 
Twenty-second street, and to extend their track along Green 
street from Twenty-second street to Pennsylvania avenue; 
Proviso. thence along said avenue to Coates street: Provided , That in 
case the city of Philadelphia shall at any time determine to 
extend Fairmount park so as to include said avenue, then 
the said railroad company shall immediately remove their 
Proviso tracks from said avenue: Provided , That this act shall not 
go into effect until councils of the city of Philadelphia shall, 
by ordinance, first give their assent thereto. 

April 3, 1860. (P. L. 628.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
Repealing cer- That the proviso to the fifth section of the act of assembly, 
tam legislation ent itled “ An Act to incorporate the Green and Coates Street 
Philadelphia Passenger railway company,” and the first and 
second provisos to the act, entitled “ A supplement to an 
act to incorporate the Green and Coates Street Philadelphia 
Passenger railway company,” be and the same are hereby re¬ 
pealed ; and that so much of an act of assembly as may, or 
might, be construed to give to any other railroad company 
the right to run their cars upon the railroad of the Green 
and Coates Street Philadelphia Passenger railway company, 
without their consent, be and the same is hereby repealed : 
Proviso. Provided , That the sixth section of an act, entitled “An Act 

to incorporate the Green and Coates Street Philadelphia Pas¬ 
senger railway company,” shall not be in any manner af- 




103 


Green $ Coates. 

fected by this act, but shall have the same force and effect 
and meaning as if this act had not been passed. 

March 21,1862. (P. L. 150.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same, 
That the use and occupancy heretofore by the said Green 
and Coates Passenger Railway Company for their railway 
track of Twenty-fifth street, from Coates to Green street, 
and Green street from Twenty-fifth to Twenty-second street, 
is hereby authorized and confirmed, as it by the act incor¬ 
porating the said company they had been authorized so to 
use and occupy the said streets, 

March 12,1872. (P. L. 327.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Germantown Passenger Railway Company, and the 
Green and Coates Street Passenger Railway Company, be 
and they are hereby authorized jointly, from time to time, 
to extend their railway track from Dickinson street, south 
along Fourth street, and south along Eighth street, to the 
extent to which the said streets, or either of them, are now, 
or may hereafter be opened for public use, and the said com¬ 
panies may use any street or streets south of Dickinson 
street for the purpose of making a circuit; and this act shall 
have the same effect and be interpreted as if the same had 
formed part of the act to which it is a supplement. 

April 3, 1872. (P. L. 827.) 


ORDINANCES. 

Whereas, By the provisions of an act of Assembly, ap¬ 
proved April 15, 1858, entitled, “A.n Act to incorporate the 
Girard College Passenger Railway Company,” and of a cer¬ 
tain other Act of Assembly, entitled “ An Act to incorpo¬ 
rate the Green and Coates street Passenger Railway Com- 


C o n fi r m i n g 
occupancy of 
certain parts of 
Green and 
Coates street. 


Aut horizing 
joint issue with 
Germantown 
company of 
Fourth and 
Eighth streets, 
below Dickin¬ 
son. 


Preamble. 





104 


Disapproval of 
certain legisla¬ 
tion. 


Circumstances 
under which 
disapp r ov a 1 
shall cease. 


Permission to 
lay a sideling. 


Green § Coates. 

pany,” approved April 21, 1858, and a certain other Act of 
Assembly, entitled “An Act to incorporate the Germantown 
Passenger Railway Company,” approved April 21, 1858, the 
right is reserved to the City Councils to disapprove of the 
said Acts of Assembly, respectively, and of the right therein 
respectively granted to the said companies to occupy the 
streets and highways of the said city, therein respectively, 
within thirty days from the passage of the said Acts ot As¬ 
sembly, Therefore, 

Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, That in pursuance of the power 
and authority in them vested by the said Acts of Assembly, 
Councils do hereby declare their disapproval of each and ev¬ 
ery of the said acts of Assembly in the above preamble men¬ 
tioned, and of the rights therein respectively granted to 
“ The Girard College Passenger Railway Company/’ “ The 
Green and Coates street Philadelphia Passenger Railway 
Company” and “ The Germantown Passenger Railway Com¬ 
pany,” to occupy the streets and highways of the City of 
Philadelphia. 

Section 2. That if any company named in the said pre¬ 
amble shall, within ninety days from the passage of this Or¬ 
dinance, and before such Company shall occupy any of the 
said streets or highways, file in the office of the City Solici¬ 
tor a written obligation, sufficient in law to bind such com¬ 
pany to observe and be subject to all Ordinances of the City 
in relation to Passenger Railways, then in force, or there¬ 
after to be passed, then the provisions of the first section of 
this Ordinance as to each and every such company as shall 
file such written obligation as aforesaid, shall cease to have 
effect. 

May 5,1858. (Ords. 175.) 


Resolved, By the Select and Common Councils of the 
City of Philadelphia, That the Chief Commissioner of 
Highways be and he is hereby authorized to grant a permit 
to the Green and Coates streets Passenger Railroad Company 
to lay a sideling on the south side of Green street, between 
Ninth street and Linden place, subject to all Ordinances of 
Councils heretofore passed or that hereafter may be passed. 

December 19, 1859. (Ords 414.) 



105 


Green $ Coates. 

Resolved, By the Select and Common Councils of the Direction to re- 
City of Philadelphia, That the Chief Commissioner of High- raovecurves * 
ways be, and he is hereby authorized and directed to notify 
the Green and Coates Streets Railway Company to remove 
the railway curves at Second and Green, and at the corner 
of Third and Coates streets, in the Eleventh ward, within 
ten days from the date of such notice ; and if not then re¬ 
moved, the said Chief Commissioner of Highways to remove 
the same, and charge the cost and expense thereof to the 
Green and Coates Streets Passenger Railway Company, 

April 14, 1860. (Ords. 191.) 


Resolved, By the Select and Common Councils of the Permit to lay 
City of Philadelphia, That the Commissioner of Highways thorized. au " 
be, and he is hereby authorized to grant a permit to the 
Green and Coates Street Passenger Railway Company to lay 
turnouts on the north side of Coates street, east of Landing 
avenue, into their car house, formerly occupied by Messrs, 

Moore & Co., subject to all the Ordinances of Councils here¬ 
tofore passed, or that hereafter may be passed. 

July 11, 1860. (Ords. 291.) 


Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Green and Coates Streets Passenger 
Railway Company be and they are hereby authorized, under Authority to 
the supervision of the Chief Commissioners of Highways, to out. stluct mn 
construct a turuout or sideling from their track on the south 
side of Coates street east of Sixth street: Provided , That the Proviso, 
said sideling shall not exceed fifty-five feet in length, and 
that the repaving of the street shall be done with such stone 
as the Chief Commissioner of Highways shall direct: And 
provided further, That the said Company shall first pay to Pl0V1S0 ' 
the City Treasurer, for the use of the City, the sum of twenty- 
five dollars to pay for the publication of this resolution, and 
the permission hereby granted may be revoked at any time 
by the City of Philadelphia at its option, without notice. 

May 7, 1869. (Ords. 195.) 


Resolved, By the Select and Common Councils of the Directing re- 
City of Philadelphia, That the Chief Commissioner of High- JJbie. ° urn 
ways be and he is hereby directed to notify the Green and 





Authorizing 
construction of 
turnouts. 


Proviso. 


Proviso. 


Commissioners 


Heston ., Mantua £ Fairm’t. 106 

Coates Street Passenger Pailway Company to remove, within 
thirty days from the service of said notice, the turntable 
erected by the said Company in Coates street, near Eighth 
street, and in case the said notice is not complied with, the 
City Solicitor is hereby authorized and directed to take such 
steps as may be necessary to cause the removal of said turn¬ 
table. 

April 7,1870. (Ords. 179.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Green and Coates Streets 
Passenger Railway Company be, and they are, hereby author¬ 
ized to construct a turnout at the intersection of Green and 
Eighth streets to connect their tracks upon said streets, and 
also to construct a siding upon the north side of Green street, 
in front of the property of the Germantown and Norristown 
Railroad Company ; Provided , That the said Green and Coates 
Streets Passenger Railway Company shall first pay into the 
City Treasury the sum of fifty dollars to pay for the publica¬ 
tion of this ordinance; Provided further, That said railroad 
company shall remove the said tracks at their own expense 
upon thirty days’ notice by ordinance of Councils. 

July 1, 1879. (Ords. 141.) 


HESTONVILLE, MANTUA AND FAIRMOUNT PAS¬ 
SENGER RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in Genercd As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That Albert S. Ashmead, Charles McCalla, H. R. Harnish, 
Charles B. Truit, William Patterson, J. R. Gheen, Jacob S. 
Yost, Robert Glendenning, Robert Morris, Samuel Smedley, 
Jacob Ziegler, Samuel Hutchins, W. D. Kelly, James Hun¬ 
ter, Isaac Heston, Thomas A. Andrews, J. R. Vogdes, John 
C. Keffer, D. B. Paul, H. A. Dreer, Nehemiah Evans, Robert 





107 HestonMantua $ f'airrrdt 

Selfridge, John A. Brown, G. C. Franciscus, G. H. Bardwell, 
B. R. Miller, H. E. Wallace, S. Mortan Zulick, D. D. Jones, 
John Steele, Jesse T. Vogdes, Stephen P. Hill, Isaac M. Ash¬ 
ton, William P. McCalla, John F. Beatty, E. W. Carr, Peter 
Packer and George M. Hill, or a majority of them, are here¬ 
by appointed commissioners to open books, receive subscrip¬ 
tions, and organize a company, by the name, style and title 
of the Hestonville, Mantua and Fairmount Passenger rail¬ 
road company, and as such shall have power to lay out 
and construct a railway in the city of Philadelphia, accord¬ 
ing to the following route: Commencing at Hestonville; 
then eastward along Lancaster avenue or the Merion plank 
road, with double track, to Belmont avenue ; thence with 
double or single track by Belmont and Lancaster avenue, and 
such other street or streets as may be requisite, to Haverford 
street and Bridge street; thence along Haverford street, with 
single track, to Thirtieth street; thence southward to Bridge 
street, thence eastward, with double track, over the bridge, 
to Fairmount; thence westward, with single track, along 
Bridge street, from Thirtieth street to Lancaster avenue, or 
such other street or streets as m*ay be requisite, with the 
privilege of extending south-eastward, with double track, to 
the middle of Market street, and by single track along Thir¬ 
ty-sixth street, from Haverford street southward to Walnut 
street; thence by single track to Thirty-fourth street; 
thence northward by Thirty-fourth, street and Lancaster 
avenue and Thirty-fifth street to Haverford street to the 
place of beginning, with the privilege of laying a single or 
double track upon Garden street and Hamilton street, with 
the right to intersect and run their cars over any passenger 
railway now constructed, or which may hereafter be con¬ 
structed, so as to give the said company a complete route 
from Hestonville to the eastern limit of the city of Philadel¬ 
phia ; and the said company shall have power to convey pas¬ 
sengers over said route to and from Hestonville and the east¬ 
ern limit of the city aforesaid ; and they shall have the right 
to purchase real estate and to erect thereon such buildings 
and improvements as may be necessary or deemed expedient 
for the purposes and convenience of said company, and 
also to purchase the necessary equipments such as horses, 
cars, and other vehicles for the conveyance of passengers 
over said railway ; and no freight or burden trains, or loco¬ 
motive, shall be permitted to pass oyer said railway: Pro¬ 
vided , That before the said company shall run their cars on 
the track or tracks of any other passenger railway, they shall 


Style. 


Route. 


Powers. 


Proviso. 


Capital Stock. 


Increase of. 


Proviso. 


Dividends. 


Heston ., Mantua $ Fairm’t. 108 

agree with such other company or companies upon the 
terms of compensation to be paid said company or com¬ 
panies for the privilege of so using and running cars on 
said road or roads; and if the parties shall not be able to 
agree upon the terms of compensation as aforesaid, the n the 
determination of all such disputes shall be submitted to three 
competent and disinterested citizens of the city of Philadel¬ 
phia, who shall be appointed by the judges of the court of 
common pleas of said city, on petition, in writing, presented 
to said judges, whether in vacation or at their chamber ; and 
it shall be the duty of said judges, on the presentation of said 
petition, forthwith to appoint the said three referees, whose 
duty it shall be, without delay, to adjust and determine the 
compensation to be paid by the said Hestonville, Mantua 
and Fairmount Passenger railroad company as aforesaid ; 
and the decision of said referees as aforesaid made, shall be 
in writing and deposited within five days after their appoint¬ 
ment with the judges of the court of common pleas as afore¬ 
said ; which decision, so aforesaid made, shall be final and 
conclusive upon both parties. 

Section 2. That the 1 capital stock of said company 
shall consist of six thousand shares of fifty dollars each, and 
that said company shall have power, by a vote of the stock¬ 
holders convened for that purpose, to increase their capital 
stock as much as in their opinion shall or may be necessary 
to complete said railway and to carry out the full and true 
intent and meaning of this act: Provided , That said capital 
stock shall not exceed five hund red thousand dollars. 

Section 8. That dividends of so much of the profits of 
said company as shall appear advisable to the directors shall 
be declared in the months of January and July in each and 
every year, and be paid at the office of said company any 
time after ten days from the time of declaring the same ; but 
said dividends shall in no case exceed the amount of the net 
profits of said company, so that the capital stock shall never 
be impaired thereby ; and if said directors shall make any 
dividend impairing the capital stock of said company, the 
directors consenting thereto shall be liable in their indivi¬ 
dual capacities to said company, for the amount so divided ; 
and each director present when such dividend shall be de¬ 
clared, shall be considered as consenting thereto, unless he or 
they enter protest upon the minutes of the transactions of the 
board, and give public notice of the same. 

Section 4. That said company shall have a common 
seal and the same to alter and renew at pleasure, and also to 


Seal. 


109 Heston ., Mantua £ Fairmlt. 

ordain, establish and put in execution such by-laws, ordi- By-iaws. 
nances and regulations as shall appear necessary or conve¬ 
nient for the government of said corporation, and not being 
contrary to the laws and constitution of the United States or 
of ^ this commonwealth, and generally to do for the well 
being of the said corporation and the due ordering and man¬ 
aging of the affairs thereof. 

Section 5. That the said company shall have power to officers, 
elect or appoint a president and five directors, a majority of 
whom, with the president, shall be citizens of Philadelphia, 
and such other officers as may be deemed necessary and ex¬ 
pedient ; and in every election of officers each share of stock 
shall entitle the holder to one vote. 

Section 6. That said company shall have power to May issue 
raise on bonds any sum not exceeding one-half of their capi- bonds ' 
tal stock, for the purpose of carrying out the true intent of 
this act: Provided , That no bond shall be issued for a less Proviso, 
sum than one hundred dollars and at a rate of interest not 
exceeding seven per centum. 

Section 7, That the said company shall annually pay into Percentageon 
the treasury of the city of Philadelphia, for the" use of pLlcf 1 'na^city 
said city, whenever the dividends shall exceed the sum of treasury, 
six per centum on the capital stock, the sum of six per cen¬ 
tum on said dividends thus declared. 

Section 8. That if it shall be found necessary in extend- Damages for 
ing the track along the plank road and Fortieth street, or vate U pro°perty l ." 
such other street or streets as may be convenient to Haver- 
ford street, to enter upon private property, damages for the 
same, if any, shall be assessed and paid for according to the 
act of assembly, approved the nineteenth day of February, 

Anno Domini one thousand eight hundred and forty-nine: 

And provided further. That before the said company shall Proviso, 
use and occupy said bridge, the consent of the councils of the 
city of Philadelphia shall be first obtained; and said coun¬ 
cils may from time to time, by ordinance, establish such 
regulations in regard to said railway as may be required for 
paving, re-paving, grading, culverting of, and laying gas and Pavingt gra . 
water pipes in and along said streets, and to prevent obstruc- din ^ etc - 
tion thereon. 

Section 9. That said company, in constructing said road, Must conform 
shall conform to the grades now established or hereafter to ades e of 
be by law established, of the several streets traversed by sheets, 
saffi road, and keep said streets in perpetual good repair, at 
the proper expense of said company. 


HestonMantua & Fairm’t. 110 

t© lay track Section 10. That the said Hestonville, Mantua and Fair- 

Merion^piank mount Passenger railway company is hereby authorized and 
road. empowered, in constructing their passenger railway, to lay 

their track or tracks upon the line of the Merion plank road, 
Proviso. or the line of the Lancaster turnpike company : Provided , 
The consent of the stockholders of said company or compa¬ 
nies be first obtained. 

April 6,1859, (P. L. 389.) 


Preamble. Whereas, It has been deemed for the present inexpedient 
that the Hestonville, Mantua and Fairmount Passenger rail¬ 
road company avail themselves of that portion of their char¬ 
ter, which provides that the said company shall have the 
right to run their cars over any passenger railway now con¬ 
structed, or which may hereafter be constructed, so as to give 
the said company a complete route from Hestonville to the 
eastern limit of the city of Philadelphia : 

And whereas , The said company, relying upon the express 
intention of the general assembly to afford a through route 
to the inhabitants of that important part of the city through 
which said railroad is located, have expended a considerable 
sum of money in the laying of their tracks, the erection of 
depot, purchase of horses, cars, et cetera ; therefore. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
Authorized to That for the better carrying out the intention of the general 
extend road, assembly, as expressed in the act aforesaid, the Hestonville, 
Mantua and Fairmount Passenger railroad company are here¬ 
by authorized and empowered to lay out and construct their 
railway tracks from their present terminus, across the Schu} T l- 
kill to Callow T hill street, and along Callowhill street to Dela- 
, ware avenue, and westwardly from Hestonville, and north¬ 

wardly along Thirty-fifth street to such point or points as 
may be required, from time to time, and to lay their tracks 
on and occupy such other street or streets as may be neces¬ 
sary, to reach Twenty-first or Twentieth and Callowhill 
streets, from their present terminus at Fairmount. 

May increase Section 2. That the said Hestonville, Mantua and Fair- 
capitai stock. mount Passenger railroad company shall have the privilege 
of increasing their capital stock to an amount not exceeding 
five thousand shares. 

March 8,1860. (P. L. 123.) 



Ill Heston ., Mantua £ FairmH. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same, 

That upon the application of a majority, in amount of the Enabling Dis¬ 
credited of the Heston ville, Mantua and Fairmount Passen- quash C writ of 
ger Railroad Company, against which a writ of sequestration sequestration., 
has issued, under the provisions of the act of June sixteenth, 
one thousand eight hundred and thirty-six, other than mort¬ 
gagees, or bondholders, whose claims are secured by mort¬ 
gage, or the specific lien, upon the property of the said cor¬ 
poration, it shall be lawful for the said district court, if, in 
their judgment, it shall be for the interest of the majority of 
the creditors, as aforesaid, to make an order, quashing said 
writ of sequestration, and restoring, to the said corporation, 
the control and management of its property, and the receipts 
of its rents, issues, and profits; and the said court may make 
the like order, upon the application of less than a majority, 
in amount, of the creditors, as aforesaid; Provided, Due no- Proviso, 
tice be first given, by publication, to all the creditors of said 
corporation," other than mortgagees, and bondholders, as 
aforesaid, of the said application. 

Section 2. That the quashing of said writ, as aforesaid, Not to prevent 
shall not extend to prevent the sequestrator from filing and luSg e account! 
settling his accounts, but immediately upon the quashing of 
said writ, he shall file his account, and upon a final confirm¬ 
ation of the same, the court may order his discharge: Pro- Proviso. 
vided , That nothing herein contained shall be construed to 
prevent the appointment of a sequestrator, upon any applica¬ 
tion hereafter made. 

April 17th, 1868. (P. L. 509.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the Hestonville, Mantua and Fairmount Passenger Rail- May extend 
road Company shall have the right to extend their road, by road - 
single or double track irom the .Lancaster tuinpike, 
along°Fifty-second street, to Elm street, upon such terms and 
conditions as the city councils may agree upon. 

Section 2. A list of the stockholders in this company shall List o£ stock . 
be kept in the office of the company, and with the stock led- £oidera to be 
ger and stock transfer books, shall be open to the inspection 
of any stockholder, at all times during business hours. 

March 11, 1871. (P. L 322.) 



Heston ., Mantua § Hairin’t 112 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and, it is hereby enacted by the authority of the same , 
Authorizing That all and singular, the provisions of an act, entitled “An 
certain por- Act to repeal an act, entitled ‘An Act to protect the health 
tionsof road. ^ c i t i zens 0 f the c ity of Philadelphia, approved the sev¬ 
enteenth day of April, one thousand eight hundred and sixty- 
nine’, so far as relates to the Frankford and Southwark Pas¬ 
senger railroad north of Berks Street depot, and the Second 
and Third Streets Passenger railroad north of York street,” 
approved October third, A. D., one thousand eight hundred 
and seventy, be and the same are hereby extended to the West 
Philadelphia Passenger Railway Company, the Philadel¬ 
phia City Passenger Railway Company, and the Hestonville, 
Mantua and Fairmount Passenger Railway Company; and 
the said companies are hereby fully authorized and empow¬ 
ered to use and employ salt in cleaning their tracks from ice 
and snow, at all points west of the Schuylkill river, and east 
thereof, as respects the two first named companies, from 
Twenty-third street west to the Market street and Chestnut 
street bridges respectively. 

March 20,1872. (P. L. 472.) 


Authorjity to Section 1 . Be it enacted, $c., That the attorney general is 
statefordama- hereby authorized to enter into an agreement with the Hes- 
ges, etc. tonville, Mantua and Fairmount Passenger Railway Com¬ 
pany, that an amicable action be entered in the common 
pleas of Dauphin county, between the said company and the 
commonwealth of Pennsylvania, for the purpose of ascertain¬ 
ing whether the said commonwealth is liable to the said com¬ 
pany for any damage done to the property of the said com¬ 
pany, by Pennsylvania troops, during the late rebellion, and 
for what time, either party to have the right of appeal to the 
supreme court as in other cases; and the state treasurer is 
hereby authorized and required to pay any judgment that 
Proviso. may be rendered in favor of said company: Provided , That 
not more than twenty-three hundred and fifty dollars shall 
be paid by the state treasurer in satisfaction of said claim. 
April 18, 1877. (P. L. 85.) 



113 Heston ., Mantua ft Fairm’t. 

ORDINANCES. 

Whereas, By an Act of Assembly, passed April 6, A. D. Preamble. 
1859, the Ilestonville, Mantua and Fairmount Bailway Com¬ 
pany are empowered to construct a double track railway 
over the Wire Bridge at Fairmount. 

Section 1. The Select and Common Councils of the City Prohibiting 
of Philadelphia do ordain, That the Select and Common o^wfre^ridge 
Councils of the City of Philadelphia do hereby prohibit the 
said company from laying any railway track upon said Wire 
Bridge, at Fairmount, or using it in any manner for railway 
purposes; and the City Solicitor is hereby directed to insti¬ 
tute prompt equitable proceedings to enjoin said company 
from laying a track on said bridge, or using it for railway 
purposes, in case said company at any time commence or 
threaten to lay a railway track in the vicinity of said bridge; 
and any one placing a railway, or aiding in placing a railway 
on said bridge, shall be subject to a line of five thousand Penalty, 
dollars, which fine the Mayor of said city is hereby author¬ 
ized and directed to collect as other fines heretofore imposed 
are collected. 

May 4, 1859. (Ords. 237.) 


Section 1. The Select and Common Councils of the City Consent to use 
of Philadelphia do ordain, That the assent of the City of ofWneBrid s e * 
Philadelphia be, and is hereby given to the Hestonville, 

Mantua and Fairmount Passenger Bailroad Company, to 
construct the railway of said company on the Wire Bridge, 
under the supervision and direction of the Chief Engineer 
and Surveyor; provided, that the said company shall pay 
annually to the Treasurer of the City of Philadelphia, in the 
month of January of each year, for the use of the city, 
twenty dollars toll for each car passing over said Wire Ton. 

Bridge, “ which shall be in addition to such amount as is 
now required by ordinance to be paid, or which may here¬ 
after be required to be paid by said company under ordi¬ 
nance hereafter to be enacted,” and for each and every car pass¬ 
ing over said bridge, before the time herein provided for pay¬ 
ing the toll, a proportionate sum shall be paid until the suc¬ 
ceeding January; and provided, also, that the said company 
shall pay and satisfy all bills that may be incurred by the payfJJn-epaifsT 



Heston ., Mantua £ Fairm’t. 114 

Commissioner of City Property in making any repairs to 
said bridge that he, the said Commissioner, may deem neces¬ 
sary and proper for its preservation and safe travel; said 
bills to be paid by the said company when presented by the 
Pena 1 1 y for said Commissioner; and in default of the payment of toll 
of^toiisandre- for each car passing over said bridge as herein provided, or 
pairs. for the payment of any bills for repairs made to said bridge 

as herein provided, the said Commissioner shall have au¬ 
thority, when directed by Councils, to remove the rails from 
said bridge: and provided, also, that not more than two cars 
shall be upon the said bridge at the same time: and pro¬ 
vided further, that the cars of said railroad company shall 
not stand on Callowhill street, to the east of said bridge. 

move tracks Section 2. That in order and to the end that the City of 
served! ldgere Philadelphia may protect and save harmless the said bridge 
from its use and occupancy by the said company in the pas¬ 
sage of the cars thereon, Councils reserve the right at any 
time to order and direct the said company to remove their 
railway, and should they neglect or refuse to do so within 
live days after such notice, that then the said Commissioner 
shall proceed without delay to remove the same. 

company to “Provided, before said company shall proceed to lay their 
selves to.ob- rails on said bridge, they shall enter into such agreement in 
serve ordman- wr ^ing as shall be deemed sufficient by the City Solicitor to 
secure tbe observance by them of this Ordinance, and all 
other ordinances which may hereafter be enacted in relation 
to Passenger Railways.” 

September 28, 1859. (Ords. 312.) 


Assent looccu- 

Kidge o£ Wire Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That the assent of the City of 
Philadelphia be, and is hereby given to the Hestonville, 
Mantua and Fairmount Passenger Railway Company, to 
construct the railway of said company on the Wire Bridge, 
under the supervision and direction of the Chief Engineer 
and Surveyor; provided, that the said company shall pay 
TolL annually the sum of thirty dollars as is now required by or¬ 

dinance .to be paid by said company, or which may hereafter 
be required to be paid under ordinances hereafter to be en- 
Company to acted 5 and provided, also, that the said company shall pay 
pay tor repairs, and satisfy all bills that may be incurred by the Commis- 



115 Heston ., Mantua $ Fairm’t. 

sioner of City Property in making any repairs to the road¬ 
way of said bridge, that he, the said Commissioner, may 
deem necessary and proper for its preservation and safe tra¬ 
vel, said bills to be paid by the said company when pre¬ 
sented by the said Commissioner; in default of the payments Penal t y for 
being made as herein provided, the said Commissioner shall non 'P a y merit - 
have authority to remove the rails from the Said bridge 
when directed by Councils; and provided, also, that not Proviso, 
more than two cars shall be upon the said bridge at the 
same time: and provided further, that the cars of said rail¬ 
road company shall not stand on Callowhill street to the east 
of said bridge: and provided further, such permission to Proviso, 
cross said bridge shall continue only during the pleasure of 
Councils. 

December 17,1859. (Ords. 412.) 


Section 1. The Select and Common Councils of the City Authorized to 
of Philadelphia do ordain, that the Hestonville, Fairmount extend track * 
and Mantua Railroad Company be and they are hereby 
authorized to continue their track, as now laid along Front 
Street, from the terminus of their road at Front and Callow- 
hill Streets to the north crossing at Front and Vine Streets, 
and to use the same so far as the City of Philadelphia has 
the power to grant such license ; and that any penalties in- JJgj5| ies r e ' 
curred by said Company in laying down such track, under 
an ordinance passed February 28, 1860, entitled an ordinance 
relating to the highways of the City of Philadelphia, or any 
section thereof, be and the same are hereby remitted. 

July 81, 1862. (Ords. 272.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Hestonville, Mantua and Authorized to 
Fairmount Passenger Railway Company be and they are extend tracks - 
hereby authorized to lay out and construct an extension of 
their double track on Twenty-fifth street, northwardly from 
Spring Garden street to south side of Green street, and 
southwardly on Twenty-fifth street from Biddle street by 
single track, to connect with tracks on Callowhill street. 

June 5, 1866. (Ords. 196.) 




Heston ., Mantua § Fairm’t. 116 

Resolved, by the Select and Common Councils of the City of 
Directed to Philadelphia, That the Chief Commissioner of Highways in¬ 
cub ic aYVr struct the officers of the Hestonville, Mantua and Fair- 
gramte blocks. moim t Passenger Railroad Company to lay cubical or gran¬ 
ite blocks on the inside and outside of the track of their 
road on Lancaster avenue, from their depot to the terminus 
of the road at Hestonville, as provided by Ordinance of 
Councils. And should the said Company refuse or neglect 
to do the same for twenty-five days after receiving notice 
from the Commissioner, then the said Commissioner shall do 
the same, and shall collect the expense for the same from the 
the said Railroad Companv. 

May 7, 1870. (Ords. 281.) 


Resolved, By the Select and Common Councils of the City of 
Direction to re Philadelphia, That the Chief Commissioner of Highways be 
streets. teitam and he is hereby instructed to notify, in writing, the Hes¬ 
tonville, Mantua and Fairmount Passenger Railway Com¬ 
pany to repair forthwith the following streets, to wit: Twen¬ 
tieth street, from Callowhill street to Spring Garden street; 
Biddle street, from Twenty-fifth street to Callowhill street; 
Twenty-fifth street, from Biddle to Spring Garden street ; 
and in case the said streets are not repaired within the 
Penalty. time limited by law, the Chief Commissioner of High¬ 
ways is hereby authorized to repair the same, and the City 
Solicitor is hereby authorized to proceed against said Com¬ 
pany to recover all penalties incurred by them and the cost 
of said work. 

May 17, 1870. (Ords. 260.) 


Resolved, By the Select and Common Councils of the City of 
Directed to re- Philadelphia, That the Hestonville, Mantua and Fairmount 
Sy v ce a r n t d ain Passenger Railway Company be and they are hereby author- 
tracks 0 * their ize( * and directed to remove their present track, and relay it 
in the middle of Lancaster avenue from the middle of 
Bridge street to Haverford avenue, and that they are hereby 
Authorized to also authorized and directed to lay a double track on the 
track? °&c hle said Lancaster avenue from Forty-first street to Hestonville, 
and to remove, within sixty days after the approval of this 
resolution, all the turnouts (excepting those leading into 
their depot) from their present single track on Lancaster 
avenue, northwest of Forty-first street. 

October 26,1870. (Ords. 491.) 




117 Heston ., Mantua § Fairm’t. 

Whereas , In the construction of the Fairmount bridge, the Preamble, 
travel on the line of the Hestonville, Mantua and Fairmount 
Passenger Railroad on the west side of the river Schuylkill, 
in the vicinity of said bridge, is seriously impeded thereby, 
and the public greatly inconvenienced, and in order to obvi¬ 
ate the difficulties mentioned, therefore 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That permission be and is hereby ^enmssi onto 
given to the Hestonville, Mantua and Fairmount Passenger tracks mpoiaiy 
Railroad Company, to lay a temporary track at their own 
expense, on Thirtieth street, from Bridge street to Haverford 
street, and on Haverford street to Thirty-third street, and on 
Thirty-third street to Bridge street: subject to such rules 
and regulations relating to passenger railways in the City of 
Philadelphia, as are now in force: Provided, That the said Proviso 
temporary track shall be removed on the completion of the 
Fairmount bridge, or at such time as the present route of 
the Hestonville, Mantua and Fairmount Passenger Railroad, 
in the vicinity of said bridge, shall be free and clear from 
obstructions that now exist, or that may be caused whilst 
said bridge is in course of erection: And provided , That the Proviso. 
Hestonville, Mantua and Fairmount Passenger Railroad 
Company pay to the City Treasurer for the use of the City 
the sum of twenty-five dollars, to pay for the publication of 
this Ordinance. 

March 24, 1873. (Ords. 108.) 


Whereas, The contemplated alteration in the building of Preamble, 
the Fairmount Bridge at Callowhill street, necessitates the 
removal of the railway tracks of the Hestonville, Mantua 
and Fairmount Passenger Railway Company from their 
present location ; therefore, 

Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain , That to enable the said Hestonville, 

Mantua and Fairmount Passenger Railway Company. to 
complete their route, the consent of the Councils of the City 
of Philadelphia is hereby given the said railway company t?acYs 

to lay their tracks on Twenty-third street, from Callowhill on 25 d street, 
street to Spring Garden street: Provided , That the power proviso, 
hereby granted shall be exercised subject to an ordinance of 
the City, entitled “An Ordinance to regulate Passenger Rail¬ 
ways in the City of Philadelphia,” approved the seventh 



Proviso. 


Permission to 
lay double 
tracks on 44th 
and Seneca 
streets. 


Provis”). 


Authorized to 
extend road 
&c. 


Proviso. 


Corporators. 


Kensington $ N. J. Ferry. 118 

day of July, 1857. And provided further, That said railway 
company shall first pay twenty-five dollars into the City 
Treasury, to pay for printing this Ordinance. 

December 16,1874. (Ords. 407.) 


Section 1 . The Select and Common Councils of the City of Phil¬ 
adelphia do ordain , That the Chief Commissioner of Highways 
is hereby authorized to issue to the Hestonville, Mantua and 
Fairmount Passenger Railway Company permits to lay such 
double tracks on Forty-fourth street and on Seneca street as will 
enable the said company to connect their tracks on Lancas¬ 
ter avenue and Belmont avenue with their new depot in the 
Twenty-fourth ward : Provided , That the said Company shall 
first pay into the city Treasury the sum of twenty-five dol¬ 
lars for the publication of this Ordinance. 

July 80, 1875. (Ords. 239.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Hestonville, Mantua and 
Fairmount Passenger Railroad Company are hereby author¬ 
ized to extend their road by laying a double track along 
Fifty-second street from the Lancaster turnpike to Elm 
street, as authorized by “ A supplement to an act approved 
April 6th, 1859, entitled 4 An act to incorporate the Heston¬ 
ville, Mantua and Fairmount Passenger Railroad Company/ 
approved March 11th, 1871 (P. Laws 322): Provided , That 
the said company first pay twenty-five dollars into the City 
Treasury to pay for printing this Ordinance. 

July 30,1875. (Ords. 244.) 


KENSINGTON AND NEW JERSEY FERRY 
COMPANY. 

(Shackamaxon Street and Girard Avenue.) 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That Robert Coleman, John Robbins, Edward Gorgas, Peter 
Fisher, Jacob Neafie, Jacob Jones, Charles M. Lukens, Dan¬ 
iel M’Clarey, Mark Devine, Samuel Megarge, Andrew Man- 






119 Kensington $ N. J. Ferry. 

derson, and their successors, and all persons who now, or 
hereafter may be holders of the stock, hereinafter mentioned, 
be and they are hereby created and erected into a body poli¬ 
tic and corporate, in deed and in law, by the name, style and 
title of the Kensington and New Jersey Ferry Company, and Title, 
by that name, shall have perpetual succession, and be able to 
sue and be sued, plead and be impleaded, in any court of law, 
or equity, and elsewhere; to have a common, or corporate, 
seal, and the same to alter, or renew, at pleasure; and shall Seal - 
be able and capable, in law and in equity, to take and to hold, 
to them and their successors, either by gift, grant, devise, or privileges, 
lease, any lands, or real estate, for the purpose of erecting 
thereon a suitable ferry and buildings, for such ferry com¬ 
pany, with such land as may be necessary; and, also, to take 
and hold, for the use of said company, any goods and chat¬ 
tels, sum, or sums, of money, by gift, grant, bargain, sale, 
will, devise, or bequest, from any person, or persons, whatso¬ 
ever, capable of making the same, and the same, at their 
pleasure, to grant, bargain and sell, for the use of the said 
company, and generally to do all and singular, the matters 
and things, which shall be lawful for them to do, for the 
well being and due management of the affairs of the said 
company, and shall have and exercise all the rights, and 
privileges, and immunities, necessary for the purposes of the 
corporation, hereby constituted. 

Section 2. That the said Kensington and New Jersey Ferry Authorized to 
Company shall have full power and authority to procure, pur- J 0 u J c s h t a r s u e ’ c 5 r 
chase, construct and equip, one or more steam ferry boats, steam i e r^r ^ 
and other crafts, of such burthen, potver, construction and empi oy'the 
movement, and with such appurtenances, apparel and furni- poking 11 pic¬ 
ture, as they may deem adequate and proper for the purposes j^ns^vehicies, 
and objects by this charter intended, and the same to employ etc. 
in and about ferrying, carrying and transporting of persons, 
vehicles, wagons, horses, cattle, swine, goods, wares and mer¬ 
chandize, and other things, from the foot of Shackamaxon 
street wharf, or near it, in the eighteenth ward, in the city 
of Philadelphia, to the state of New Jersey, and generally to 
transact and perform all matters and things, appurtenant, or 
relating to the said several objects, hereinbefore mentioned, 
or connected therewith. 

Section 3. That the capital stock of the said company shall capital stock, 
consist of one thousand shares, of fifty dollars each: Provided , Proviso> 
That the said company may, from time to time, by a vote of 
the stockholders, at a meeting called for that purpose, in- 


Other corpora¬ 
tions may sub¬ 
scribe. 


May bor row 
money, se¬ 
cured by bonds 
and mortgages 


Proviso. 


Subscription s 
to stock, how 
payable. 


Management. 


Election of di¬ 
rectors, when 
and how to be 

held. 


Votes. 


Kensington $ JSf. J. Ferry. 120 

crease the capital stock, if it should be deemed necessary, to 
an amount not exceeding two thousand shares; and that all 
corporations, who desire to subscribe to the said stock, are 
hereby granted full power and authority to do so. , 

Section 4. The said company shall have the power of bor¬ 
rowing any sum of money, not exceeding, in amount, their 
capital stock, at a rate of interest, not exceeding seven per 
centum, and to secure the payment of the same by the issue 
of the bonds and mortgages of the said ferry boats, landings, 
together with the corporate rights and franchises, granted by 
this act; and to annex to the said bonds and mortgages the 
privilege of converting the same into the capital stock of the 
said company, at par, at the option of the holders, if they 
shall signify their election, one year before their maturity; 
Provided , That the said company shall issue no certificate of 
loan, of a less denomination than one hundred dollars. 

Section 5. That subscription to the capital stock of this 
corporation may be made payable in money, or in real, or 
personal, property', appropriate to the business contemplated 
by this act, at a fair valuation, to be fixed upon by a majority, 
in interest of its stockholders, at the time of such purchase. 

Section 6 . That the affairs of said corporation shall be 
managed and conducted by a board of five directors; said 
board shall be stockholders, and shall be elected annually, af¬ 
ter the first election, and shall hold their office for one year, 
and until their successors shall be elected ; but any failure, 
or omission, to elect such directors, annually, shall in no wise 
impair, or affect, meanwhile, the rights and powers of those 
holding over, or the rights and interests of the said company', 
in any way; said board of directors shall elect a president, 
from one of their number, and shall fill all vacancies occur¬ 
ring in their own body, until the next succeeding election by 
the stockholders ; a meeting of the stockholders of said com¬ 
pany shall be held annually, on the first Monday of January, 
of each year, for the purpose of electing a board of directors, 
which shall be by ballot, between the hours of ten A. M.,and 
two P. M.; in all elections, and at all meetings of stockhold¬ 
ers, each share shall be entitled to one vote, and shareholders 
may vote by proxy; it shall be the duty of the board of di¬ 
rectors, within one month previous to said election, to ap¬ 
point three stockholders, to be judges of said election, who 
shall hold and conduct the same, and who shall certify to the 
result thereof, and publish the names of the directors elect. 


121 Kensington £ N. J. Kerry. 

Section 7. That this act shall take effect as soon as one When this act 
hundred shares of stock is subscribed: Provided , That be t0 take eflect - 
within three years. 

Section 8. That the said Kensington and Kew Jersey certain addi- 
Ferry Company shall have authority to lay out and make, leges granted! 
upon Shackamaxon street, from their ferry, north-westward 
to Girard avenue, then along said Girard avenue, on the 
south-eastward side, across Frankford road, so as to connect 
with any and all the passenger railroads, in that vicinity, let 
them run in whatever direction they may. 

May 4, 1864. (P. L. 1865, 918.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the eighth section of an act, entitled “An Act to incor¬ 
porate the Kensington and Kew Jersey Ferry Company,” 
be amended, by inserting the words 44 a railroad,” after the 
word 44 make,” in the third line thereof, so as to read as fol¬ 
lows: 44 That the said Kensington and JSTew Jersey Ferry 
Company shall have authority to lay out and make a rail¬ 
road, upon Shackamaxon street, from their ferry, northwest¬ 
ward, to Girard avenue; then along said Girard avenue, on 
the southeasterly side, across Frankford road, so as to con¬ 
nect with any and all the passenger railroads in that vicin¬ 
ity, Jet them run in whatever direction they may.” 

February 28, 1865. (P. L. 247.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the third section of the said act be amended, so as to read C ita e i a st 0 c f 
as follows: That the capital stock of the said company shall authorized? ck 
consist of two thousand shares, of fifty dollars each: Provided , Proviso. 

That the said company may, from time to time, by a vote of 
the stockholders, at a meeting called for that purpose, in¬ 
crease the capital stock, if it should be deemed necessary, to 
an amount not exceeding four thousand shares; and that all other corpora- 
corporations, who desire to subscribe to the said stock, are ^^stock 
hereby granted full power and authority to do so. 




122 


Number of di¬ 
rectors to be in¬ 
creased. 

Proviso. 


Commissioners 


Style. 

Powers. 


Capital stock. 


Lombard South. 

Section 2. That the number of directors, of said corpora¬ 
tion shall be increased, by the addition of two new members, 
so that the board shall, hereafter, consist of seven members, 
who shall be duly elected, in accordance with the provisions 
of the sixth section of the act, to which this is a supplement: 
Provided , however , That the two additional members, to be 
elected for the current year, to serve until the next annual 
election, shall be elected by the present board of directors. 

February 14, 1866. (P. L. 41.) 


LOMBARD AND SOUTH STREET PASSENGER 
RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That James S. Kerr, Charles A. Rubicam, Edward S. Law¬ 
rence, Robert Harmer, Samuel M’Manemy, Joseph W. Sou- 
der, Andrew Morrow, John Wilson, William B. Mann, Fran¬ 
cis MTlwain, John M’Carty are hereby appointed commis¬ 
sioners to open books, receive subscriptions, and organize a 
company, and that they and their associates and successors 
be and they are hereby constituted a body politic and corpo¬ 
rate by the name, style and title of the Lombard and South 
Street Passenger railway company ; and as such they shall 
have power to lay and construct a railway in the city of 
Philadelphia, and carry passengers along such route and 
streets as are hereinafter provided for ; and they shall have 
the right to charge such rate of fare as the directors of said 
company may from time to time determine upon, and to equip 
said road, to purchase, hold and convey such real estate, and 
to erect thereon such buildings and improvements as they 
may deem necessary for the purposes of said company. 

Section 2. That the capital stock of said company shall 
consist of two thousand shares of fifty dollars each, with the 
privilege of increasing the same to twenty-five hundred shares; 
said increase, before being made, shall be approved of by the 
stockholders of said company at a meeting called for that 
purpose. 




123 


Lombard $ South. 

Section 3. That the said company is hereby authorized to 
lay a single track of railway, commencing at or near the in¬ 
tersection of Front and South streets, extending west along 
South street to Chippewa street; thence north along said 
Chippewa street to Lombard street; thence east along said 
Lombard street to said Front street; thence south along said 
Front street to the place of beginning; and further, that 
they shall have the right to make such sidings and turnouts 
as may be necessary to carry on the business of the company; 
and if the directors of said company shall deem proper, they 
shall have the right to lay a double track along Sutherland 
avenue, commencing at South street, extending to any point 
at or near the Pennsylvania railroad bridge now in the course 
of construction. Said company shall have the privilege of 
laying a single track south-west along Passyunk road to the 
banks of the river Schuylkill; thence south along the banks of 
river Schuylkill to Beggar’s lane; thence east along said lane to 
Rope Ferry road ; thence northwardly along Rope Ferry 
road to said Passyunk road, with the right to lay such sid¬ 
ings on Passyunk road, between South street and* said Rope 
Ferry road, as said company shall determine and deem neces¬ 
sary. 

Section 4. That whenever a bridge shall be constructed 
over the river Schuylkill, by the city of Philadelphia, at 
Lombard, South or any street south of Locust street, or when¬ 
ever any such bridge over the river Schuylkill, within the 
limits named, shall come into the possession of the said city, 
then the said Lombard and South Street Passenger railway 
company shall have the right and privilege to extend their 
railway, by single or double track, to and over said bridge, 
upon such terms as may be agreed upon between the said 
company and the councils of said city ; and further, to con¬ 
tinue their railway tracks to and along said Lombard and 
South streets, on the west side of the river Schuylkill, in like 
manner as they are herein authorized on the east side of said 
river; and further, to lay out a railway on any two streets 
they may deem advisable, running north and south on the 
west side of said river, between said Lombard and South 
streets, for the purpose of making their circuit complete. 
Whenever the said bridge at South street shall be complet¬ 
ed, the Philadelphia and Darby railroad company shall have 
the right to connect with the said Lombard and South Street 
railway, and to use the tracks of the same by running all 
their cars, which make the full trip to and from Darby, over 
said tracks, for which use the said Philadelphia and Darby 


Route. 


Authorized to 
extend their 
railway, when 
bridge over 
Schuylkill has 
been con¬ 
structed by, or 
come into pos¬ 
session of city. 


Terms. 


Further privi¬ 
leges granted. 


Philadelphia 
and Darby rail¬ 
road company 
may connect 
and use tracks. 


124 


Compensation 

therefor. 


In case of dis¬ 
ag r e e m eat 
court to ap¬ 
point persons 
to fix the 
amount t o b e 
p id. 

Confirmat i o n 
of rep o r t by 
court. 

Persons ap¬ 
pointed to be 
sworn. 

Report to be 
filed in pro- 
thon otar y’s 
office. 

Organization. 


Subscription. 


Directors. 


Vacancies. 


Officers. 


Votes. 


Seal. 


By-laws. 


Lombard $ South. 

railroad company shall pay a fair compensation, to be mutual¬ 
ly agreed upon ; and in case the said companies cannot agree 
upon such terms, then the court of common pleas of the city 
of Philadelphia shall, upon petition presented by either 
party, appoint three disinterested persons, who shall fix the 
amount to be paid for the said use of tracks of the said Lom¬ 
bard and South Street railway company, and the decision ot 
any two of whom in the premises, when confirmed by the 
said court, shall be final and conclusi ve : Provided , That the 
presons so appointed shall he duly sworn or affirmed before 
• entering upon the discharge of their duties; and shall file 
their report in the prothonotary’s office, in said court, within 
thirty days after their appointment as aforesaid. 

Section 5. That the parties hereinbefore named, or a maj¬ 
ority of them, may proceed to organize said company and 
obtain subscriptions to the capital stock thereof; and after 
one thousand shares have been subscribed for, and ten per 
centum paid thereon, theu the subscribers shall proceed to 
elect a board of five directors, who shall serve until the first 
Tuesday in November following, or until their successors are 
elected; and the stockholders shall, annually thereafter, on 
the first Tuesday in November, elect a similar board of five 
dirrctors, to serve for one year, or until their successors are 
elected ; and if, for any reason, said election shall not be held 
at the time indicated, then another time shall be appointed 
by the directors, after public notice of two weeks has been 
given in one daily newspaper published in the city of Phila¬ 
delphia ; and the directors shall have power to fill all vacan¬ 
cies in their hoard, whether from death, resignation or other¬ 
wise ; but no person shall act as a director who is not a stock¬ 
holder. 

Section 6 . That the said directors shall have the power to 
appoint a president, treasurer and such other officers as they 
may deem necessary; and in all elections for directors, and 
at other meetings of stockholders, each share shall entitle the 
holder thereof to one vote; but no stockholder or assignee 
shall vote upon any share of stock on which an instalment is 
due and unpaid. 

Section 7. That the said company shall have the power to 
make and have a common seal, and the same to alter and re¬ 
new at pleasure; and also establish and execute such by-laws 
and regulations as appear to be necessary for the government 
of said corporation, the same not being inconsistent with the 
constitution of the United States and of this state ; and they 


125 


Lombard $ South. 

shall generally do and perform all and singular the matters 
and things which to them it shall lawfully appertain to do, 
for the well being of said eorporation and proper manage¬ 
ment of the affairs thereof. 

Section 8. That the said company shall have the power to 
borrow money, in any sum not exceeding in amount one-half 
of its authorized capital stock, at a rate of interest not ex¬ 
ceeding seven per centum per annum ; and for the purpose 
of securing the re-payment of the same, and the interest 
thereon, to issue bonds; the principal sum shall be made 
payable at such time as the directors may deem advisable ; 
and the said bond shall be further secured by a mortgage of 
and on the said railway so constructed, and the corporate 
rights and franchises granted by this act: Provided , No 
bonds shall be issued for a sum less than one hundred dollars ; 
and they shall have the right to create a sinking fund for 
the redemption of said bonds. 

Section 9. That dividends of so much of the profits of the 
said company as shall appear desirable to the directors, shall 
be declared, from time to time, and shall be paid after ten 
days’ notice to the stockholders, at the office of the company ; 
but said dividends shall, in no case, exceed the net earnings 
of the company. 

Section 10. That the said company shall be subject to all 
the ordinances of the councils of the said city, and shall be 
subject to pay such taxes as are now imposed by the said 
councils, not exceeding, in rate or amount, that paid by any 
other passenger railway company in the said city; and further, 
shall be subject to all the provisions of an act regulating 
railroad companies, approved nineteenth day of February, 
Anno Domini one thousand eight hundred and forty-nine, so 
far as the the same are not altered and supplied by this act. 

May 16, 1861. (P. L. 704.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the Lombard and South Street Passenger Kailway 
Company shall have authority to increase the number of 
shares of their capital stock to ten thousand, and to reduce 
the par value of such shares to twenty-five dollars each. 


May borrow 
money and is¬ 
sue bonds. 


Proviso. 


Dividends. 


Subject to. 


Taxes. 


May increase 
number and 
reduce par 
value of shares 
of stock. 



126 


Certain exten¬ 
sion of road au- 
thorzed. 


Consent of 
councils not 
necessary. 


Authorized to 
extend their 
road. 


Further exten- 
sion may he 
made. 


May establish 
a public ferry, 
across the 
Schuylkill, at 
South street. 


Lombard § South. 

Section 2. That the said company shall have authority to 
extend their railway, either by a double or a single track, 
with sidings, from the intersection of Front and Lombard 
streets, along said Front street to Dock street, and along 
said Dock street to Delaware avenue. 

Section 3. That the said railway company are hereby au¬ 
thorized and empowered to construct, and lay, the said rail¬ 
way without obtaining the consent of the City Councils of 
said city, thereto, anything in the act to which this is a sup¬ 
plement to the contrary thereto notwithstanding. 

April 14,1863. (P. L. 353.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Lombard and South Street Passenger Railroad 
Company are hereby authorized and empowered to extend 
their said railway track north, by Front, or Water street, to 
Walnut street; thence down said W r alnut street,to Delaware 
avenue; thence along said Delaware avenue, to Dock street. 

Section 2. And furthermore, that the said Lombard and 
South Street Passenger Railway Company are hereby author¬ 
ized to extend their said railway, by single, or double, track, 
from the wharf opposite South street, on the almshouse pro¬ 
perty, of the city of Philadelphia, west, to the Darby road, 
at, or near, the Woodlands cemetery, by such route as the 
engineers of the said company may select, but in such man¬ 
ner as to avoid passing through any building of said alms¬ 
house ; and further, to continue said railway, from the said 
Darby road, westward, along such streets, and by such roads, 
opened, or to be opened, for public use, as the said engineers 
may select, to Fiftieth street, or any point east of said Fif¬ 
tieth street, as the said company may determine, with power 
to use any street, or streets, running north, or south, for the 
purpose of making a circuit. 

Section 3. And that the said Lombard and South Street 
Passenger Railway Company are hereby authorized to estab¬ 
lish a public ferry, across the Schuylkill river, by steamboats, 
or other conveyance, from South street wharf, opposite, on 
the almshouse property; but in no manner to interfere with 
the free navigation of the said river, or the right of the city 



127 


Lombard § South. 

of Philadelphia to construct a bridge, across the river Schuyl¬ 
kill, at South street; and to charge and receive such tolls as 
are customary, and are allowed, by law ; and furthermore, 
are hereby authorized and empowered to make an additional 
railway track, on Passyunk road, thereby making a double 
track on said road: and that the said Lombard and South 
Street Passenger Railway Company can make a circuit, on 
any streets, west of Sixteenth, from Lombard to South street. 

May 18, 1865. (P. L. 844.) 


Section 1. Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and. it is hereby enacted by the authority of the same , 
That the said company is hereby authorized to increase the 
number of shares of its capital stock twenty thousand, of 
the par value of twenty-five dollars, and also to borrow 
money, from time to time, in such sums as the directors of 
the company may deem necessary, and to issue bonds, in 
sums not less than one hundred dollars, with coupons at¬ 
tached, bearing interest at a rate not exceeding seven per 
cent, per annum, payable semi-annually, and to secure the 
same by a mortgage on such parts of the road as may be 
hereafter constructed; and the additional amount of bonds 
shall not exceed the sum of sixty-two thousand five hundred 
dollars. 

April 10, 1867. (P. L. 1017.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That whenever the said railway company shall construct 
their railway on Passyunk road, as authorized by the act of 
assembly to which this is a supplement and by the supple¬ 
ments thereto, they shall extend the same from the junction 
of the said road and Fifth street, along Fifth street to Lom¬ 
bard, and connect the same with the track on Lombard street, 
and they shall also lay a track on Fourth street from Lom¬ 
bard to South street, so as to complete the circuit. 

Section 2. The said company shall have power to borrow 
money in any sum not exceeding one hundred thousand dol¬ 
lars, in addition to the sum authorized by the aforesaid act 


Double track, 
o n Passyunk 
road, author¬ 
ized, &c. 


Authorized to 
increase stock. 


Borrow money. 

Issue bonds se¬ 
cured by mort¬ 
gage. 

# 


Not exceeding 
$62,500 


When railway 
is constructed 
on Passyunk 
road, company 
to extend same, 
&c. 


May borrow 
money and is¬ 
sue bonds. 




128 


Preamble. 


Ex te n d i n 
route. 


Lombard $ South. 

of assembly, at a rate of interest not exceeding seven per 
centum per annum, and for the purpose of securing the re¬ 
payment of the same, and the interest thereon, to issue 
bonds; the principal sum shall be made payable at such 
times as the directors shall deem advisable, and the said bonds 
shall be secured by a mortgage of and on the said railway to 
be constructed on the said Passyunk road and the extension 
thereof, and on any extension of the Lombard and South 
street railways that may hereafter be made, and the corpo¬ 
rate rights and franchises granted by the supplement to said 
company. 

April 4, 1872. (P. L, 964.) 


Whereas, The inhabitants of the extreme southwestern 
part of the city of Philadelphia suffer great inconvenience 
from the want of passenger railway facilities; 

And whereas , Passyunk road, on which the Lombard and 
South Street Passenger Railway Company are authorized to 
lay a double track, is of sufficient width only for one track ; 
therefore, to remedy this deficiency, and to give increased 
facilities: 

Section 1. Be it enacted , $c. 9 That the Lombard and South 
Street Passenger Railway Company are hereby authorized 
to lay a railway from the intersection of Snyder avenue 
(when it shall be opened) and Passyunk road ; thence along 
Snyder avenue to Twelfth street; thence along Twelfth 
street to Dickinson street; thence along Dickinson street to 
Eighth street; thence along Eighth street to Christian 
street; thence along Christian street to Fifth street; and 
thence along Fifth to middle of Passyunk road ; and the 
said company is also hereby authorized to extend their rail¬ 
way tracks on Front street northwardly to Market street; 
and as Snyder avenue is not yet opened, they are hereby au¬ 
thorized to lay a track on Mifflin street, from Passyunk road 
to Twelfth street. 

April 18, 1878. (P. L. 815.) 


ORDINANCES AND RESOLUTIONS. 

Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, That the consent of the said 
Councils is hereby given to the Lombard and South Street 




129 


Lombard £ South. 

Passenger Railway Company to lay and construct the rail¬ 
way authorized by their act of incorporation ; said Railroad 
Company to be subject to the ordinances regulating passen¬ 
ger railroads : Provided , The said company shall lay their 
track on Passyunk road, from South to Broad street, within 
the next six months. 

April 22,1863. (Ords. 100.) 


Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That the consent of said Coun¬ 
cils is hereby given to the Lombard and South Street Pas¬ 
senger Railway Company to lay a track across Naudain 
street, west of Twenty-fifth street, at right angles with said 
street, so as to connect their real estate on the north and 
south side of said Naudain street. 

June 16, 1863. (Ords. 181.) 


Whereas , A Bill purporting to be a supplement to the 
Acts of Assembly incorporating the Lombard and South 
Street Passenger Railroad Company, is now pending in the 
Senate of this Commonwealth, which authorizes and empow¬ 
ers (among other things) the said company to extend their 
railway along Dock street from Front street to Third street, 
along Third and Second streets from South to Market streets, 
along Front street northward to Vine street, and upon any 
other street from their present line to Market street, which 
is not now occupied by a railway track; to extend their 
track to the Eastwick Skating Park, and to carry market¬ 
ing, vegetables, fruit and light freight on said railway be¬ 
tween Broad and Prime streets and Delaware avenue; all of 
said unlimited powers and franchises to be exercised without 
the consent of the Councils of the City of Philadelphia being 
first had and obtained. 

And whereas , In accordance with manifest propriety and 
public expediency, the present charter of the aforementioned 
company requires the consent of the Councils of Philadelphia 
to any further extension of their railway along any street of 
the said City; and any attempt to repeal such salutary pro¬ 
visions in said charter should, in the discharge of an imper¬ 
ative public duty, be resisted by the Councils of the City of 
Philadelphia, by petition or remonstrance addressed to the 
General Assembly of the Commonwealth of Pennsylvania. 


Consent to con¬ 
struct ion of 
road. 


Proviso. 


Consent to Lay¬ 
ing of track 
across N a u - 
dain street. 


Preamble. 




Objecting t o 
bill giving use 
of streets 
without con¬ 
sent of coun¬ 
cils. 


Resolutions to 
be laid Defore 
each branch of 
legislature. 


Protest against 
certain legisla¬ 
tion. 


Permission to 
remove cobble 
pavements. 


Lombard § South. 130 

Therefore be it Resolved , by the Select and Common Councils 
of the City of Philadelphia, That the General Assembly of the 
Commonwealth of Pennsylvania is hereby respectfully and 
earnestly requested and petitioned not to enact into a law the 
aforementioned bill now pending in the Senate; or any bill 
of a like nature, without making necessary to the validity of 
the grant therein of a franchise or franchises to lay or use a 
railway track or tracks in, upon or along any public street, 
avenue or highway of the City of Philadelphia, that the con¬ 
sent of the Councils of the City of Philadelphia thereto shall 
be previously asked and obtained. 

Resolved , That the Presidents of the Select and Common 
Councils of the City of Philadelphia, are requested and di¬ 
rected to lay before each branch of the General Assembly of 
this Commonwealth these Resolutions and the Preamble 
thereto, duly attested, as early as practicable. 

February 26, 1866. (Ords. 53.) 


Resolved , By the Select and Common Councils of the City oj 
Philadelphia , That they protest against the passage by the 
Legislature of Pennsylvania of the act permitting the Lom¬ 
bard and South Street Passenger Railway Company to lay 
tracks upon and over the South Street Bridge, without com¬ 
pensation to the City for the privilege, or contribution to¬ 
wards the construction of the same; and that copies of this 
resolution be transmitted to the Senate and House of Repre¬ 
sentatives of Pennsylvania. 

March 11, 1872. (Ords. 83.) 


Resolved , By the Select and Common Councils of the City of 
Philadelphia , That the Department of Highway be and is 
hereby authorized to grant permission to the Lombard and 
South Street Passenger Railway Company to remove the 
cobble pavement, for the purpose of laying their track upon 
the following streets, in accordance w*ith the acts of Assem¬ 
bly of April 4th, 1872, and April 18th, 1873, viz: On Miff¬ 
lin street, from Passyunk avenue to Twelfth street; thence 
along Twelfth street to Dickinson street; thence along Dick¬ 
inson street to Eighth street, to connect with the track on 
Eighth street; on Christian street from Eighth to Fifth 




131 


Lombard <f South. 

street, to connect with the track on Fifth street, along Fifth 
street to Lombard street, to connect with the track on Lom¬ 
bard street; at Fourth and Lombard streets, to connect with 
the track on Fourth street; at Fourth and South streets, to 
connect with the track on South street. 

Resolved , That permission is hereby given to said company 
to lay a temporary track on Thirteenth street, from Pass- 
yunk road to Snyder avenue, or on the east side of Broad 
street from Passyunk road to Snyder avenue; and when the 
said Snyder avenue shall be opened from Broad street to 
Passyunk road, then the said company shall remove the said 
track at their own cost, and place the street in as good order 
as it is now in: Provided , That said Lombard and South Street 
Passenger Railway Company first pay to the City Treasurer 
twenty-five dollars, to defray the cost of advertising this res¬ 
olution. 

December 16, 1874. (Ords. 411.) 


CITY AUTHORITIES. 

Section 1 . The Select and Common Councils of the City of 
P hiladelphia do ordain , That the Chief Engineer and Sur¬ 
veyor of the City of Philadelphia be, and is hereby author¬ 
ized and directed to lay upon the South Street Bridge a 
double track railway for the use of the Lombard and South 
Streets Passenger Railways Company, and such other com¬ 
panies as may hereafter be permitted by the Councils of the 
City to cross said bridge. The said work shall not be com¬ 
menced until gas and water pipe shall be first laid upon such 
street or streets used by the said Lombard and South Streets 
Passenger Railway Company as their approach to said bridge, 
and such street or streets be graded to the established grade of 
the city: Provided , The privilege hereby granted to the said 
Lombard and South Streets Passenger Railway Company 
shall not be so construed as to give them the exclusive right 
to said bridge or to prevent the Councils of the City of Phil¬ 
adelphia granting a similar privilege hereafter to such other 
railway company or companies as they may deem fit: And 
provided further, That the said Lombard and South Streets 
Passenger Railway Company first file an agreement satisfac¬ 
tory to the City Solicitor, that if Councils shall grant per¬ 
mission to any other railway company to cross said bridge, 
then and in that case the said Lombard and South Streets 
Passenger Railway Company shall permit connections to be 
made with their road to enable such company to cross said 
bridge. 


Permission to 
lay temporary 
track. 


Proviso. 


Direct i o n t o 
city authorities 
to lay tracks on 
South street 
bridge. 


When work to 
be commenced 


Privilege not 
exclusive. 


Agreement by 
company to be 
first filed. 



Lombard $ South. 


132 


bridge. 


obtained 


And posted. 


Section 2. That the said Lombard and South Streets Pas¬ 
senger Railway Company shall pay into the office of the 
Chief Commissioner of Highways, in the month of January 
Toil for use of for each year, for the use of the City, the sum of fifty (50) 
dollars (in addition to the license fee now exacted) for each 
of their own cars run over, upon and across the said bridge. 
Before the time herein provided for paying the said yearly 
sum, a proportionate amount shall be paid until the succeed¬ 
ing January, and at the time of the payment of the fifty 
License to be dollars aforesaid, a license shall be obtained by the said 
Lombard and South Streets Passenger Railway Company, 
from said Chief Commissioner of Highways, for the privi¬ 
lege of running their cars over said South Street Bridge, and 
each and every car of said Lombard and South Streets Pas¬ 
senger Railway Company shall have conspicuously placed 
therein the license so granted by the Chief Commissioner of 
Highways, and the said Commissioner of Highways shall 
have the power and privilege to stop the running of all cars 
not having the aforesaid licenses posted as provided in this 
section. Every violation of the provisions of this Ordinance 
Penalty f or shall subject the aforesaid company to a penalty of fifty (50) 
nance! ng 01 dl ’ dollars, and to such other penalties as are provided for in 
Section five (5) of an Ordinance entitled “An Ordinance sup¬ 
plementary to an Ordinance entitled ‘An Ordinance to regu¬ 
late Passenger Railways,’” approved April 1 , 1859: Fro- 
vided , That the said the Lombard and South Streets Passen¬ 
ger Railway Company shall agree to run over the said bridge 
daily, not less than twelve cars so licensed: And provided 
further , That said company shall agree to sell and receive 
tickets a t o b e exc ^ an § e tickets at such rates as are now or may hereafter 
sold and re- be charged from any or all companies crossing the said 
Lombard and South Streets Passenger Railway Company : 
And provided further , That all or any of the privileges hereby 
granted to the said Lombard and South Streets Passenger 
b^revofed 1 ^^ Rail way Company may be revoked by Councils by the pas- 
” sage of an Ordinance to that effect: And provided further , 
That the said Lombard and South Streets Passenger Rail¬ 
way Company shall first file a bond in the office of the City 
Solicitor, to well and faithfully comply with, observe and be 
subject to all the Ordinances in force or hereafter to be 
passed regulating passenger railways: And provided further, 
That the said company pay to the City Treasurer the sum of 
fifty dollars for the publication of this ordinance: And pro- 
Fare to be re- vided further, That the privileges granted by this Ordinance 
duced. shall not be exercised by said company until they shall first 


Bond. 


Proviso. 


133 


Lombard South. 

agree in writing with the City of Philadelphia to reduce 
their fare to five (5) cents : And 'provided farther , That the Proviso, 
said Lombard and South Streets Passenger Railway Com¬ 
pany shall agree to comply with the provisions of this Ordi¬ 
nance before the tracks are laid on said bridge by the city ; 
said agreement shall be in writing and filed in the City So¬ 
licitor’s office. 

Section 3. The sum of five thousand two hundred dollars 
be and the same is hereby appropriated for the purchase and 
laying down of said tracks, and that proposals for the pur¬ 
chase and laying down said tracks shall be advertised for in 
two daily papers, and the contract shall be awarded to the 
lowest responsible bidder. Warrants to be drawn by the 
Chief Engineer and Surveyor. 

July 14, 1876. (Ords. 217.) 


Appropriation. 

Proposals. 

Warrants. 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That consent is hereby given to the consent to iay- 
Lombard and South Streets Passenger Railway Company to jumperst. 011 
lay a track on Juniper street, from Passyunk avenue in the 
First ward, a distance of about five hundred feet, in accord¬ 
ance with the provisions of the Act of Assembly of April 30, 

1878: Provided , There be first paid to the City Treasurer p roV iso. 
the sum of fifty dollars for printing this ordinance. Provided , proviso. 

That said track shall be removed on the passage of a resolu¬ 
tion or ordinance to that effect. 

December 2, 1879. (Ords. 194.) 


Section 1 . The Select and Common Councils of the City oj 
Philadelphia do ordain , That permission be, and the same is, permission to 
hereby granted to the Lombard and South Streets Passenger exteild track - 
Railway Company to extend its track northward on Thirty- 
third street, from Spruce street to the middle of Locust street, 
to connect with the West End, Angora, and Park Passenger 
Railway Company’s track at that point: Provided , That said Proviso. 
Lombard and South Streets Passenger Railway Company 
first pay to the City Treasurer the sum of fifty (50) dollars, 
for the publication of this ordinance: And provided, That the proviso, 
fare charged by the said Lombard and South Streets Passen¬ 
ger Railway Company shall not be more than five (5) cents. 

November 14, 1881. (Ords. 228.) 




134 


Authorized to 
construct turn¬ 
table. 


Corporators. 


Title. 


Eight to con¬ 
struct railway. 


Eoute. 


Capital stock. 


Authorized to 
borrow money 
and issue 
bonds. 


Lehigh Avenue . 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Lombard and South Street 
Passenger Railway Company be, and they are, hereby au¬ 
thorized to construct a turn-table on Dock street, between 
Delaware avenue and Front street, for the use of said Com¬ 
pany. 

December 31, 1881. (Ords. 322.) 


LEHIGH AVENUE RAILWAY COMPANY OF 
PHILADELPHIA. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted , That William L. Elkins, 

Thomas J. Barger, George W. Shaffer, Robert Morris, Alex¬ 
ander Clay, George Biles, Joseph M. Maneley, Albert List, 
Henry Smith, Frank R. Marshall, James Gaw,E. M’Dowell, 
Wm. Bradley and Robert H. Edgar, and their associates and 
successors, be and they are hereby constituted a body politic 
and corporate by the name, style and title of the Lehigh 
Avenue Railway Company of Philadelphia, and as such they 
shall have the right to lay out and construct, or cause to be 
laid out and constructed, a railway in the city of Philadel¬ 
phia, along such route and streets as are hereinafter provided 
for, namely: Beginning at Second street and Lehigh avenue, 
and thence along said avenue, with a double track, to the 
entrance to East Fairmount park. 

Section 2. The capital stock of said company shall consist 
of twelve thousand shares of fifty dollars each, with the right 
to increase by a majority of the stockholders to twenty thous¬ 
and shares. 

Section 3. The said company shall have the power and 
authority to borrow money in any sum or sums not exceed¬ 
ing in amount one-half of the par value of the capital stock, 
at a rate of interest not exceeding seven per centum per an¬ 
num, and to secure the re-payment of the same and the in¬ 
terest thereon, to give bonds secured by a mortgage of and 
on the said railway and the corporate rights and franchises 
guaranteed by this act, which principal moneys shall be paya¬ 
ble at such dates and times as the board of directors may 
deem advisable. 




135 


Lehigh Avenue. 

Section 4. The said company shall have the right to pur¬ 
chase such real estate, and erect or cause to be erected, such 
buildings and improvements thereon, from time to time, and 
use and hold the same, and further, to have the right to pur¬ 
chase all necessary equipments, such as horses, cars and other 
vehicles, and all needful appendages for the conveyance of 
passengers on and over said railway, as may be deemed ne¬ 
cessary or convenient for the accommodation and purposes 
of said company : Provided , That said railway shall conform 
in gauge to the passenger railways now laid in the city of 
Philadelphia, and no freight or burthen trains or locomotives 
shall be permitted to pass over said railway. 

Section 5, That dividends of so much of the profits of said 
company as shall appear to be advisable to the directors, 
shall be declared semi-annual in each and every year, and be 
paid at the office of the said company at any time after ten 
days after declaring the same ; but such dividends shall in 
no case exceed the amount of the net profits of said company 
so that the capital stock thereof shall at no time be impaired 
thereby; and if said directors shall make and declare any 
dividends impairing the capital stock of said company, the 
directors consenting thereto shall be liable in their individual 
capacities to said company for the amount so divided, and 
each director present when such division shall be declared, 
shall be considered as consenting thereto, unless he or they 
shall at the time thereof enter his or their written protest 
against the same, and shall cause the said protest to be en¬ 
tered upon the minutes of the board and give public notice 
of the same. 

Section 6 . The said company shall make, have and use a 
common seal, and alter and renew the same at pleasure, and 
also have the power to ordain, establish, and put in execu¬ 
tion such by-laws, ordinances, and regulations as shall appear 
necessary or convenient for the government of the said cor¬ 
poration, and not being contrary to the constitution of the 
United States or of this commonwealth, and generally to do 
all and singular the matters and things which to them shall 
lawfully appertain for the well-being of said corporation, and 
the proper order and management thereof 

Section 7. That the persons herein named, or a majority 
of them, may proceed to organize said company, and obtain 
subscriptions to the capital stock thereof; and said company 
shall have power to elect a president, vice president and five 


Right to pur¬ 
chase real es- 
tate, erect 
buildiugs, &c. 


Gauge. 


Prohibition. 


Dividends. 


Seal, by-laws, 
etc. 


Organization. 


E lectio n of 
officers. 


186 


Lehigh Avenue. 

directors, a majority of whom shall be citizens of Philadel¬ 
phia, and also such other officers as may be deemed expedi- 
votes. ent; and at all elections, each share of stock represented either 

in person or by proxy, shall entitle the holder to one vote. 

general 5 a n°- Section 8. The said company shall be subject to all the 
joad act of provisions of an act regulating railroad companies, approved 
the nineteenth of February, one thousand eight hundred and 
forty-nine, and the several supplements thereto, so far as the 
Proviso. same are not altered or supplied by this act: Provided , That 
the provisions in the first section of said act, which requires 
the commissioners named in any special act, incorporating 
any passenger railroad company, to give notice of the time 
and place for opening books for receiving subscriptions to the 
capital stock of such companies, is hereby declared not to ex¬ 
tend or apply to this act, or the commissioners herein named ; 
and the said company, in constructing their road, shall con- 
To conform to form to the surveys and grades now established or hereafter 
surveys S and established by law, of the several streets or avenues 

grades. traversed by said road, and shall be at the entire cost or ex- 
Paycostof re- pense of re-paving that may be made necessary upon any 
paving. street on account of laying the track of said company ; and 
it shall not be lawful for said company to run their cars at a 
Kate of speed greater speed than six miles an hour; and the said company 
is hereby authorized and empowered to construct and lay the 
said railway, at any time hereafter that the consent of the 
city council of Philadelphia shall be obtained thereto: but 
whenever the said railway, shall be laid and used by running 
when to be passenger cars thereon, the said company shall be subject to 
ordinances. 01 ^ the ordinances of the city of Philadelphia, regulating the 
running of passenger railway cars. 

Eight to cross Section 9. The said company shall have right to cross at 
connect 6 witu grade, any railroad or railway that is now or may hereafter 
other roads. be built within the limits of the city of Philadelphia, and 
also to connect their railway with that of any other passen¬ 
ger railway company for the purpose of completing a route 
or making a circuit, upon such terms and conditions as may 
be agreed upon by such other company or companies and the 
said Lehigh Avenue Rail-way Company of Philadelphia, and 
in case said railway companies cannot agree thereupon, such 
terms as the district court of Philadelphia may prescribe and 
enjoin. 

Section 10. That the said company shall pay annually into 
the treasury of the city of Philadelphia, for the use of said 
city, whenever the dividends declared by said company shall 


137 Manayunk § Roxborough. 

exceed six per centum per annum on the par value of the 
capital stock thereof, a tax of six per centum on such excess 
over six per centum on the par value thus declared ; and the 
said company shall also pay such license for each car now 
run by said company, as is now paid by other passenger rail¬ 
way companies in the city of Philadelphia. 

Section 11. And the said Lehigh Avenue Railway Com¬ 
pany shall be liable to the provisions of the act approved 
March the twenty-seventh, Anno Domini one thousand eight 
hundred and seventy-three, entitled “An act to authorize a 
permanent centennial exposition building for the people of 
the commonwealth, et cetera,” so far as said act relates to 
the railroad companies of the city of Philadelphia. 

December 18, 1873. (P. L. 1874, 458.) 


MANAYUNK AND ROXBOROUGH INCLINED 
PLANE AND RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted , <^c., That P. Striker Talmage, 
William Ring, A. Ell wood Jones, T. Mason Mitchell, Jr., 
John Dolman, Cornelius J. M’Glinchey, James Bowker, 
Thomas Shaw, William C. Todd and John Boyd, and their 
associates and successors, are hereby created a corporation or 
body politic, by the name, style and title of the Manayunk 
and Roxborough Inclined Plane and Railway Company, and 
by that name shall have perpetual succession and all the 
rights, powers and privileges incident to a corporation. 

Section 2. The capital stock of said company shall consist 
of one hundred thousand dollars, to be divided into four 
thousand shares of twenty-five dollars each, and letters pat¬ 
ent shall be issued whenever fifty thousand dollars is sub¬ 
scribed and twenty per centum thereon paid. 

Section 3. That said company shall have power to con¬ 
struct and operate an inclined plane from any point on Lev¬ 
ering street, in Manayunk, in the city of Philadelphia, to 
extend to the top of the hill in Roxborough, between Lever¬ 
ing and Grape streets, in said city, and to lay rails on Lever- 


Tax to city. 


License for 
cars. 


Subject to Cen¬ 
tennial act of 
March 28, 
1873. 


Corporators. 


Title. 


Capital stock. 


Letters patent. 


Power to con¬ 
struct inclined 
plane and lay 
rails on cer¬ 
tain streets. 




May run cars, 
and carry 
fr e i g h t and 
passengers. 


Officers. 


Vacancies. 


Real estate. 


May bo r r o w 
money and is¬ 
sue bonds. 


Increase capi¬ 
tal stock. 


Subject to. 


Manayunk § Roxborough. 138 

ing street aforesaid from Cresson street to Lyceum avenue, 
and either Hill, Fleming streets or Manayunk avenue, from 
Martin street to Lyceum avenue, and on Martin street any¬ 
where between Fleming street and Manayunk avenue, on 
any or either said Martin, Hill and Fleming streets and 
Manayunk avenue, as shall be most convenient for running 
cars from the end of the inclined plane at the top of the hill 
into Lyceum avenue, and to lay rails also on Lyceum avenue 
from Fleming street into Ridge avenue, and along Ridge ave¬ 
nue southwesterly as far as the intersection of the Norristown 
railroad at Wissahickon station, and northwesterly as far as 
Barren hill. 

Section 4. That said company shall also have power 
to run and haul cars by a stationary steam engine up and 
down said inclined plane, and carry passengers and freight 
for hire thereon, and also to run cars by horses or dummy 
engines on the rest of said road, and carry passengers and 
freight for hire thereon. 

Section 5. The officers of this company shall consist of a 
president, secretary and treasurer, and a board of seven di¬ 
rectors, to be elected annually by a vote of the stockholders, 
and the board of directors shall have power to fill all vacan¬ 
cies that may arise during the year. 

Section 6 . The said company shall have power to buy, 
sell, lease and hold such real estate as may be neeessary for 
the proper use and purpose of said company. 

Section 7. Said company shall have power to borrow 
money to the amount of the stock subscribed, and to give 
bonds and mortgages upon its real estate, machinery, roll¬ 
ing stock and franchises for the purpose of securing the same 
and may, on a vote of the stockholders, at a meeting called 
for that purpose, increase the capital stock to any sum not 
exceeding two hundred thousand dollars. 

Section 8. The said company shall be subject to all the re¬ 
strictions and liabilities and have all the powers and privi¬ 
leges as to locating, constructing and operating the said in¬ 
clined plane and railway as are contained in the act regu¬ 
lating railroad companies, approved the nineteenth day of 
April, Anno Domini one thousand eight hundred and forty- 
nine and the several supplements thereto. 

Section 9. All acts and parts of acts inconsistent herewith 
are hereby repealed. 

April 9,1873. (P. L. 883.) 


Repeal. 


139 


Navy Yard, cte. 


ORDINANCES. 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Manayunk and Roxborough 
Incline Plane and Railway Company be and they are hereby 
authorized to salt their tracks and curves from the crossing of 
the Morristown Railroad to the Montgomery county line, on 
the Ridge turnpike. All Ordinances or parts of Ordinances 
to the contrary hereof notwithstanding. 

December 31, 1874. (Ords. 526.) 


NAVY YARD, BROAD STREET AMD FAIRMOUMT 
RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That George H. Thompson, Robert Oalcleugh, M. E. Rogers, 
Allen Robinett, Samuel S. Moon, Watson Malone, Jackson 
M’Abee, Henry W. Andrews, William T, Morrison, Robert 
0. Lowry, John A. Clark, Samuel Simes, Samuel Williams, 
and their associates and successors, be and they are hereby 
constituted a body politic and corporate, by the name, style 
and title of the Mavy Yard, Broad Street and Fairmount 
railway company, and as such they shall have the right to 
lay out and and construct a railway over the same, along 
such route and streets as are hereafter provided for, to equip 
said road, and to purchase, hold and convey such real estate, 
and to erect thereon such buildings and improvements as 
they may deem necessary for the purposes of said corpora¬ 
tion. 

Section 2. That the capital stock of said company shall 
consist of ten thousand shares of fifty dollars each. 

Section 3. That the said company are hereby authorized 
to lay out and construct, in such manner as railways are now 
constructed in the city of Philadelphia, a single or double 
track, commencing with a single track at or near the inter¬ 
section of Broad street and Federal street, extending east 
along Federal street to Front street; thence south along 


Authorizing 
use of salt on 
cert a i n por¬ 
tions of road. 


Corporators. 


Style. 


Privileges. 


Capital stock. 


Route and con¬ 
nections. 




140 


May extend 
their railway. 


Organization. 


Subscription 

stock. 

Directors, elec¬ 
tion of. 


Vacancies. 


Officers. 


Navy Yard , etc. 

Front street to Wharton street; thence west along Wharton 
street to Broad street; thence north with a double track 
along Broad street to Spring Garden street; thence west with 
a double, track along Spring Garden street to Fairmount; 
and they shall have the right to connect their single track 
with their double track at Broad and Wharton streets, at 
Broad and Federal streets, and to make such turn-outs, con¬ 
nections and sidelings as may be necessary for the prosecution 
of the business of the company; and they shall have the 
right to cross at grade any other railroad, and by agreement 
to connect with and run over any other railroad now con¬ 
structed, or which may hereafter be constructed in the city 
of Philadelphia; and further, shall have the right to extend 
their railway by single or double track, from Broad and 
Wharton streets southwardly, and from Broad and Spring 
Garden streets northwardly, at such times as the company 
may determine that the convenience of the public requires 
such extension or extensions; and they shall enjoy all and 
singular the same privileges that are now or hereafter may 
be extended to any other railway company. 

Section 4. That the parties hereinbefore named, or a ma¬ 
jority of them, may proceed to organize said company and 
obtain subscriptions to the capital stock thereof; and after 
five thousand shares have been subscribed for, and ten per 
cent, paid on said subscriptions* then the subscribers shall 
proceed to elect a board of five directors, who shall serve un¬ 
til the first Tuesday in November following, and until their 
successors are elected ; and the stockholders shall annually 
thereafter, on the first Tuesday in November, elect a similar 
board of five directors, to serve for one year and until their 
successors are elected ; and if for any reason the said election 
shall not be held at the time appointed, then another time 
shall be appointed by the directors, after public notice of 
two weeks, in two daily newspapers, has been given; and 
said directors shall have power to fill all vacancies which 
may occur in the board, from death, resignation or otherwise; 
but no person shall act as a director, who is not a stockhol¬ 
der in said company. 

Section 5. That the said directors shall have the power 
to appoint a president, treasurer, and such other officers as 
they may deem necessary and expedient; and in all elections 
for directors, and at all meetings of stockholders, each share 
represented, either in person by the owner, or by proxy, shall 
entitle the holder to one vote; but no stockholder or assig- 


141 Navy Yard , etc. 

nee shall vote upon any share of stock on which an instal¬ 
ment is due and unpaid. 

Section 6. That the directors of said company shall have 
the power to make and have a common seal, and the same 
to alter and renew at pleasure, and also to establish such by¬ 
laws and regulations as may seem to them necessary to the 
good government of said corporation, the same not being in¬ 
consistent with the constitution and laws of the United States, 
or of this state; and they shall generally do and perform 
all and singular the matters and things which to them it 
shall lawfully appertain to do for the well-being of the said 
corporation and the proper management of the affairs there¬ 
of. 

Section 7. That the said company shall have the power to 
borrow money in any sum not exceeding in amount one-half 
of its authorized capital stock, at a rate of interest not ex¬ 
ceeding seven per centum per annum, and for the purpose of 
securing re-payment of the same, and the interest thereon, to 
issue bonds; and the said bonds shall be further secured by 
a mortgage of and on said railway so constructed or to be 
constructed, and the corporate rights alid franchises granted 
by this act; the principal sum so borrowed, shall be made 
pavable at such time as the directors may deem advisable ; 
but no bond shall be issued for a sum less than one hundred 
dollars. 

Section 8. That dividends of so much of the profits of the 
said company as shall appear desirable to the directors, shall 
be declared from time to time, and shall be paid after tei\ 
days notice, to the stockholders, at the office of the company ; 
but said dividends shall in no case exceed the net profits of 
the company earned at the time of the declaring of said 
dividend. 

Section 9. That when the Pennsylvania railroad company 
shall complete their connection with the Philadelphia, Wil¬ 
mington and Baltimore railroad, and the councils of the city 
of Philadelphia shall direct the removal of the rails now laid 
in Broad street, from South street to Chestnut street, the 
Navy Yard, Broad Street and Fairmount railway company 
shall, with the appurtenances and materials thus removed, 
be required to place said Broad street from South to Chest¬ 
nut street; in such condition, as far as the paving, curbing 
and macadamizing is concerned, as will accord with any plan 
which may be adopted for the improvement of said street, by 
the councils of said city. 


Votes. 


Seal. 


By-laws. 


May borrow 
money and is¬ 
sue bonds. 


Mortgage. 


Dividends. 


Broad street, 
from South to 
Chestnut, to be 
placed in pro¬ 
per condition. 


Portions of 
streets used to 
be kept in re¬ 
pair. 


142 


Taxes and 
tolls imposed 
by councils. 


Subject to. 


Preamble. 


Surrender o f 
certain rights 
provided f o r, 
merger con- 
lirmed, etc. 


Navy Yard , etc . 

Section 10. That the said company shall be compelled to 
keep in constant repair that portion of the street which they 
use and occupy, and subject to such ordinances of councils as 
relate thereto, not inconsistent with this act, and shall pay 
such taxes and tolls as are now or may hereafter be imposed 
by the councils of the said city, not exceeding in rate or 
amount that paid by any other railway company in the said 
city; and further they shall be subject to all the provisions 
and restrictions of an act regulating railroad companies, ap¬ 
proved the nineteenth day of February, Anno Domini one 
thousand eight hundred and forty-nine, in so far as the same 
is not altered, interfered with, or supplied by this act. 

May 16, 1861. (P. L. 691.) 


Whereas, The Thirteenth and Fifteenth Streets Passen¬ 
ger Railway Company of the city of Philadelphia, and the 
Navy Yard, Broad Street and Fairmount Railway Company 
heretofore by agreement made and entered into in pursuance 
of the terms of an act of assembly, entitled “ An act relating 
to railroad companies,” approved May sixteenth, one thou¬ 
sand eight hnndred and sixty-one, and the amendments 
thereto, have become merged and consolidated into one com¬ 
pany, under the name, style and title of the Thirteenth and 
Fifteenth Streets Passenger Railway Company of the city of 
Philadelphia, whereby all the privileges, rights and fran¬ 
chises of the Navy Yard, Broad Street and Fairmount Rail¬ 
way Company became vested in the Thirteenth and Fif¬ 
teenth Streets Passenger Railway Company of the city of 
Philadelphia; therefore, 

Section 1. Be it enacted , £c., That if within ninety days 
after the passage of this act, the Thirteenth and Fifteenth 
Streets Passenger Railway Company of the city of Philadel¬ 
phia shall renounce and surrender, as they are hereby au¬ 
thorized to do, to the commonwealth, all rights to construct 
any railroad, railway or tramway, upon Broad street, in the 
city of Philadelphia, possessed or claimed by them under the 
said merger of the corporate rights and franchises of the 
Navy Yard, Broad Street and Fairmount Railway Company 
or otherwise howsoever, and shall discontinue all legal pro¬ 
ceedings to enforce such rights, then upon the said company 
making such surrender under their corporate seal, and cove¬ 
nanting to carry out and fulfill the conditions and require- 



143 


Navy Yard , etc. 

ments of the proviso hereto, and filing the same in the office 
of the secretary of the commonwealth, within said time, and 
accepting the provisions of this act, all the corporate rights, 
privileges and franchises heretofore granted to the Navy 
Yard, Broad Street and Fairmount Railway Company by the 
act of the sixteenth of May, Anno Domini one thousand 
eight hundred and sixty-one, and any supplements thereto, 
excepting those so surrendered, shall be, and thereupon are 
hereby granted and confirmed to and declared to be fully 
vested in the said the Thirteenth and Fifteenth Streets Pas¬ 
senger Railway Company, under and by virtue of said mer¬ 
ger, that is to say, the privilege of constructing and operating 
a single or double railway passenger track or tracks upon any 
part of said Broad street, from time to time, south from Car¬ 
penter street, as far south as said street may be opened, and 
north from Columbia avenue, as far north as said street may 
be opened, together with the privilege of maintaining the 
now existing connections between said tracks and the com¬ 
pany’s tracks on Thirteenth and Fifteenth streets; and in 
further consideration of such surrender, no franchise or priv¬ 
ilege to construct a track or tracks or any artificial tram¬ 
way, for the conveyance of passengers for hire, upon any por¬ 
tion of said Broad street, or upon Thirteenth or Fifteenth 
streets, or other of said company’s connections, or to run any 
cars upon any part of said routes, shall be hereafter granted 
to any person or persons, or body politic: Provided , That as 
each six consecutive squares of Thirteenth and Fifteenth 
streets northward, from Columbia avenue, as well as the 
street or avenue at the northern terminus thereof, running at 
right angles to and joining Thirteenth and Fifteenth strets, 
or so much thereof as may be necessary to form circuits, 
shall be, from time to time, opened, graded and paved, the 
Thirteenth and Fifteenth Streets Passenger Railway Com¬ 
pany, shall remove their tracks from the six squares of North 
Broad street, between the same cross streets, and shall lay 
them upon the corresponding six squares of Thirteenth and 
Fifteenth streets and said northermost cross street, for the 
purpose of completing their circuits or connection ; and that 
when the depot of the Philadelphia, Wilmington and Balti¬ 
more Railroad Company, or its successors, shall be removed 
from Broad street, between Washington avenue and Carpen¬ 
ter street, then as each six consecutive squares of Thirteenth 
and Fifteenth streets southward from Carpenter street, as 
well as the street or avenue at the southern terminus thereof, 
running at right angles to and joining Thirteenth and Fif- 


North Branch. 


144 


On failure to 
comply with 
act, commis¬ 
sioner of high- 
waysto remove 
tramway and 
rails. 


Commissioners 


teenth streets, or so much thereof as may be necessary to 
form circuits, shall be, from time to time, opened, graded 
and paved, the Thirteenth and Fifteenth Streets Passenger 
Railway Company shall remove their tracks from the six 
squares of South Broad street, between the same cross 
streets, and shall lay them upon the corresponding six 
squares of Thirteenth and Fifteenth streets, and the said 
southermost cross street, for the purpose of completing their 
circuits or connections ; and all acts or parts of acts incon¬ 
sistent herewith are hereby repealed. 

Section 2. If the Thirteenth and Fifteenth Streets Passen¬ 
ger Railway Company (having accepted the provisions of 
this act as aforesaid) shall not at any time proceed to comply 
with the same, after notice in writing to them by the ma\ or, 
the chief commissioner of highways or the common council 
of the city of Philadelphia to do so, then the chief commis¬ 
sioner of highways is hereby empowered and directed to re¬ 
move the tramway and rails of the said Thirteenth and Fif¬ 
teenth Streets Railway from Broad Street, and re-pave and 
repair the bed of said street forthwith, at the expense of said 
company. 

March 27, 1873. (P. L. 435.) 


NORTH BRANCH PASSENGER RAILWAY COM¬ 
PANY OF THE CITY OF PHILADELPHIA. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That Robert Weight, Robert Buchanan, John L. Crawford, 
Charles Whitson, Thomas O. Plum, Samuel Hultz, Patrick 
Kelly, John H. Whitson, M. Davis, Daniel T. Moore, John 
Powers, N. R. Mosely, A. B. Ivins, G. W. Whitson, C. T. 
Thomas, John Weaver, Daniel Dougherty, S. Morton Zu- 
lick and Isaac M. Ashton, or any five of them, are hereby 
appointed commissioners to open books, receive subscrip¬ 
tions and organize a company by the name, style and title 
of the North Branch Passenger Railway Company of the 
city of Philadelphia, with power to lay out and construct a 




145 


North Branch. 


railway from the intersection of Fifteenth and Chestnut 
streets; thence along Fifteenth street to Vine street; thence Route, 
along Vine street to Sixteenth street; thence along Sixteenth 
street to Walnut street, and to connect with any passenger May connect 
railway now constructed or hereafter to he constructed, so as passenger°iafi- 
to give to said company a complete route from Fairmount to wa y* 
the Exchange, in the said city of Philadelphia , and the said 
company shall have power to convey passengers over the 
said route to and from Fairmount to the Exchange as afore¬ 
said, and they shall have the right to purchase real estate, May how real 
and to erect thereon such buildings and improvements as estate ' 
may he necessary or deemed expedient for the purposes and 
convenience of said company, and also to purchase the neces¬ 
sary equipments, such as horses, cars, or other vehicles, for 
the conveyance of passengers on the said railway; and no 
freight or burden trains or locomotives shall be permitted to 
pass over said railway: Provided , That before the said com- Proviso, 
pany shall run their cars on the track or tracks of any other 
passenger railway, they shall agree with such other company 
or companies upon the terms of compensation to be paid said 
company or companies for the privilege of so using said 
roads, and that if the said parties shall not be able to agree 
upon terms, the determination of the dispute shall be sub¬ 
mitted to the councils of Philadelphia, whose adjustment 
shall be binding and conclusive: Provided , That it may be Proviso, 
lawful for any other railroad within the city of Philadelphia, 
upon which horse power is used as motive power, to connect 
with the said North Branch Passenger Railway, upon the 
terms and in the same manner upon which the said 


same 


North Branch Passenger Railway is authorized to connect 
with other passenger railways. 


Section 2. That the capital stock of said company shall capital stock, 
consist of three thousand shares, of fifty dollars each : Pro¬ 
vided , That said company shall have power, by a vote of the 
stockholders, convened for that purpose, to increase their 
capital stock as much as in their opinion shall or may be 
necessary to complete said railway, and to carry out the full 
and true intent and meaning of this act. 

Section 3. That dividends of so much of the profits of Dividends, 
said company as shall appear advisable to the directors 
thereof, shall be declared in the months of January and July 
in each and every year, and to be paid at the office of said 
company, at any time after ten days from the time of declar¬ 
ing the same; but said dividends shall in no case exceed the 


North Branch. 


146 


amount of the net profits of said company, so that the capi- 
ital stock shall never be impaired thereby; and if said direc¬ 
tors shall make any dividends impairing the capital stock of 
said company, the directors consenting thereto shall be liable 
in their individual capacities to said company for the 
amoui)t so divided ; and each director present when such 
t dividends shall be declared, shall be considered as consenting 
thereto, unless he or they enter their written protest upon 
the minutes of the board, and give public notice of the 
same. 

8eal - Section 4. That the said company shall make and have a 

common seal, and the same to alter and renew at pleasure, 
and also shall have power to ordain, establish and put in 
By-laws. execution such by-laws, ordinances and regulations, as shall 
appear necessary or convenient for the government of said 
corporation, and not being contrary to the constitution and 
•laws of the United States or of this Commonwealth, and 
generally to do all and singular the matters and things 
which to them it shall lawfully appertain to do for the well¬ 
being of said corporation, and the due ordering and manag¬ 
ing of the affairs thereof. 

officers. Section 5. That said company shall have power to elect 

or appoint a president and five directors, a majority of whom 
shall, with the president, be citizens of Philadelphia, and 
such other officers as shall be deemed necessary or expedient; 
and in every election for officers each share of stock shall 
entitle the holder to one vote. 

bon(X . 18 s u e Section 6. That said company shall have power to raise 

on their bonds or other security, any sum of money not ex¬ 
ceeding one-half their capital stock, for the purpose of carry¬ 
ing out the true intent and meaning of this act. 

withan°other Section That the said railway company shall not con- 

thanpassenger nect with any railroad other than for the purpose of carrying 
railway. 0 r con veying passeugers; and their railway shall be of the 
same uniform guage as other city passenger railways now 
constructed in said city of Philadelphia, under the penalty 
of a forfeiture of their charter; and the said company shall 
annually pay into the treasury of the city of Philadelphia, 
dfvideS?s g tJb? f ? r the use of said cit J’ whenever the dividends shall exceed 
Ixeas int ° city s * x P er ce . ntu “ ? n capital stock, the sum of six per centum 
on the said dividends thus declared; and the said company, 
before commencing to use said road upon the said streets, 
omnibuses, &c. shall purchase, at the option of the owners, the stock of 


147 


North Branch- 


horses, omnibuses, sleighs and harness owned and used upon 
said streets at the time of commencing the said road, at a 
price to be assessed in the following manner: The said own¬ 
ers shall choose one disinterested person, and the said com¬ 
pany shall choose a second person, and the two thus chosen 
shall choose a third, who also shall be a disinterested person, 
and the three shall appraise such stock, and the value thus 
arrived at shall be binding and final upon both parties; 

Provided , That whenever any damages shall be sustained by Proviso, 
reason of this company taking possession of lands or other 
property other than above described, except so far as the 
usufruct of the before-mentioned streets, necessary to the full 
and perfect enjoyment of the purposes of this act designed, 
the said damages shall be assessed and paid in the manner subject to. 
and according to the provisions of the eleventh section of the 
act of nineteenth of February, Anno Domini one thousand 
eight hundred and forty-nine, entitled “An Act regulating 
railroad companies,” and the several supplements thereto; 

And provided further , That before the said company shall use Proviso, 
and occupy said streets, the consent of the councils of the 
city of Philadelphia shall be first obtained ; and said consent Consent of city 
shall be taken and deemed to have been given, if 3aid coun- SbtSned. t0 be 
cils shall not within thirty days after the passage of this act, 
by ordinances duly passed, signify their disapproval thereof; 
and said councils may from time to time by ordinance estab¬ 
lish such regulations in regard to said railway, as may be 
required for the paving, re-paving, grading, culverting and 
the laying of gas and water pipes in and along said streets, 
and to prevent obstructions thereon. 

Section 8. That the said company, in constructing said JJ'g^ d c e 0 s nform 
railway, shall conform to the grades now established, or 
hereafter to be by law established, of the several streets and 
avenues traversed by said railway, and keep said streets and 
avenues in perpetual repair, at the proper expense of said 
company. 

Section 9. The road herein authorized shall be commenced Limitation, 
within one year and finished within three years from the 
passage of this act: Provided, That the privileges hereby Proviso, 
granted shall continue for twenty years and no longer, unless 
extended or renewed by the Legislature. 

April 10, 1858. (P. L. 215.) 


Section 1. Be it enacted , $c ., That the ninth section of an Repealing 
act, entitled.“ An act to incorporate the North Branch Pas- barter. ctionof 



North Branch. 


148 


Preamble. 


Disapproval of 
certain legisla¬ 
tion.' 


Circumstanc es 
under which 
disapp r o va 1 
shall cease. 


senger Railway Company of Philadelphia,” be and the same 
is hereby repealed, and all laws inconsistent therewith are 
hereby repealed. 

April 21, 1873, (P. L. 888.) 


ORDINANCE. 

Whereas, By the provisions of the Act of Assembly, ap¬ 
proved April 9,1858, entitled “An Act to incorporate the 
Philadelphia and Gray’s Ferry Passenger Railway Company,” 
and of a certain other Act of Assembly, approved April 1 0, 
1858, entitled “An Act to incorporate the Second and Third 
street Passenger Railway Company of Philadelphia,” and of 
a certain other Act of Assembly, approved April 10, 1858, 
entitled “An Act to incorporate the North Branch Passenger 
Railway Company of the city of Philadelphia,” and of a cer¬ 
tain other Act of Assembly, approved April 18,1858, entitled 
“An Act to incorporate the Fairmount Passenger Railroad 
Company,” and of a certain other Act of Assembly, approved 
April 9, 1858, entitled “A further supplement to an Act to 
incorporate the North Philadelphia Plank Road Company 
and for other purposes,” the right is reserved to the City 
Councils to disapprove of the said Acts of Assembly, respec¬ 
tively, and of the right therein, respectively granted to the 
said companies to occupy the streets and highways of the 
said city therein, respectively, within thirty days from the 
passage of the said Acts of Assembly ; therefore, 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That in pursuance of the power 
and authority in them vested by the said Acts of Assembly, 
Councils do hereby declare their disapproval of each and 
every of the said Acts of Assembly in the above preamble 
mentioned, and of the rights therein respectively granted to 
“ The Philadelphia and Gray’s Ferry Passenger Railway 
Company,” “ The Second and Third Street Passenger Rail¬ 
way Company of Philadelphia,” “ The North Branch Passen¬ 
ger Railway Company of the City of Philadelphia,” “ The 
Fairmount Passenger Railroad Company,” and “ The North 
Philadelphia Plank Road Company,” to occupy the streets 
and highways of the City of Philadelphia, 

Section 2. That if any Company in the said preamble 
named shall, within ninety days from the passage of this or¬ 
dinance, and before such Company shall occupy any of the 



149 North Philadelphia. 

said streets or highways, file in the office of the City Solici¬ 
tor a written obligation, sufficient in law, to hind such Com¬ 
pany to observe and be subject to all ordinances of the City 
in relation to Passenger Railways then in force, and there¬ 
after to be passed, then the provisions of the first section of 
this ordinance as to each and every such Company as shall 
file such written obligation, as aforesaid, shall cease to have 
effect. 

April 16, 1858. (Ords. 143.) 


NORTH PHILADELPHIA PASSENGER RAILWAY 
COMPANY. 

(Formerly North Philadelphia Plank Road Company.) 


ACTS OF ASSEMBLY". 

Section 1 . Be it enacted by the Senate and House of Pepre- 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That William L. Schaeffer, William M. Kennedy, Jacob 0. Commissioner 
Ewing, John Fallon, William Greene, George Hergesheimer, 

Robert Thomas, Joseph King, Junior, Samuel Clup, George 
W. Carpenter, Frederick Emhart, F. William Buckins, Jabez 
Gates, Enoch Taylor, or any five of them, be, and they are 
hereby appointed commissioners to open books, receive sub¬ 
scriptions, and organize a company with all the rights, and 
subject to the restrictions of the “Act regulating turnpike subject; to pro- 
and plank road companies,” approved January twenty-sixth, tain act. 
one thousand eight hundred and forty-nine, to be called “The 
North Philadelphia Plank Road Company,” to lay out and style, 
construct a plank road or hard road, commencing at the 
north line of South Penn, district, in Schuylkill Sixth street, Location 
or with the. consent of the commissioners of said district at 
any point within said district, thence northward along the 
line of said Sixth street continued to a point not further than 
a quarter of a mile either to the north or south of Nicetown 
Lane, and thence to connect with the old York turnpike 
road, at the nearest and best point to be determined by the 
managers of said company, also from said point to continue 
the said road northwestwardly to and along the line of eith¬ 
er Greene street or Wayne street, as laid down on the plan 




Proviso. 


Duty of Court 
of Common 
Pleas. 


Exceptions to 
report may be 
filed. 


North Philadelphia . 150 

of the borough of Germantown, and to continue the same 
northwestwardly in the same direction on the line of either 
of said streets, continued as far through the borough of Ger¬ 
mantown as may from time to time be deemed expedient, 
all of which said plank road shall be opened, laid out, and 
constructed of the width of not less than sixty-five feet, the 
capital stock of which said company shall consist of eight 
hundred shares of fifty dollars each : Provided , That the 
county of Philadelphia shall not be liable for any damages 
on account of the opening of any street or road for the use 
of said “Plank Road Company:” And provided further , That 
whenever hereafter any incorporated district through which 
this road may pass, shall deem it necessary to curb and pave 
the street or road occupied by said company, the commis¬ 
sioners of such district shall have full power and authority 
to remove the planks from said road as far as it may be ne¬ 
cessary to enable them to curb and pave said street or road, 
but no further: Provided farther , That the consent of the 
council of the borough of Germantown shall be obtained be¬ 
fore said company shall occupy any street or any portion of 
any street now open to public use in said borough. 

Section 2. That after the said plank road or any part of 
it exceeding one mile in length shall have been finished on 
the application of the said company, or of any one of the 
stockholders thereof, or any person owning property along 
the line thereof, the Court of Common Pleas shall appoint 
commissioners whose duty it shall be to ascertain and report 
to the said court the actual cost of said road including all 
proper expenditures incurred by said company with interest 
to the time of making said report and the residue, also the 
names of all the owners of property along the line thereof, 
together with a plot or plan showing the extent of the front 
of each property on the said road, said commissioner shall 
give such public notice of his appointment, and the report 
filed by him as the said court shall direct, the expenses of 
all of which shall be paid by the said company. 

Section 3. That any person interested either in the stock 
of the said company or in any property along the line of said 
road, may file exceptions to said report within thirty days 
after it is made, whereupon the said court shall make such 
order as may be necessary in order that the cost of said plank 
road and the names of all the owners of property shall cor¬ 
rectly appear on record. 


151 


North Philadelphia. 

Section 4. That whenever at any time within four months Duty of prop- 
after said report shall have been finally confirmed for want wffeV^eport 
of exceptions filed as aforesaid, or after final order made by confirmed * 
said court on said exceptions a majority of the owners of 
property ascertained as aforesaid, shall file with the prothon- 
otary of said court their written agreement that the expense 
of the said plank road shall be assessed against and be a 
charge on the property along the line thereof, the said court 
shall make an order or decree declaring the said plank road 
to.be a public and free highway, whereupon all right of the 
said company to charge toll thereon or therefor shall forever 
cease, and the said company shall thereupon have a right to 
collect from the owners of property along the line of said 
road the cost of the construction of said plank road as ascer¬ 
tained as aforesaid with interest in proportion to the extent 
of their respective fronts on such road: Provided, That said Proviso, 
assessments or any part thereof may be paid either by sur¬ 
rendering to the company their own stock to be cancelled, 
which stock shall be received in full to an amount equal to 
the amount subscribed thereon, or by assigning or releasing 
to said company any debt or liability due by them. 

Section 5. That if any owner or owners of property along 
the line of road so declared a free public highway, shall fail Sng er to pay 
to pay the amount payable by him or them within three th?°sametobe 
months after such order or decree shall have been made as alien - 
aforesaid, the said company within three months thereafter 
may file in the office of the prothonotary of the court in said 
county having jurisdiction of claims of like amount a claim 
or claims against each and every propert}^ as divided by the 
report of the commissioners, setting forth the name of the 
owner as ascertained by such commissioner, the extent of the 
front and the amount of the claim, which said claim or claims 
shall be a lien on the lot or tract of ground fronting on the 
road as aforesaid, the extent and description whereof may 
afterward be ascertained on the application of any party in¬ 
terested in the same manner as by the fifth and following 
sections of the act of Assembly entitled “An act relating to 
the lien of mechanics and others upon buildings,” it is pro¬ 
vided that the extent and description of lots subject to 
mechanics’ liens may in certain cases be ascertained, on which 
said liens writs of scire facias may issue, and other proceed¬ 
ings had for the enforcement thereof, with interest and costs 
of suit, similar to the proceedings by which mechanics’ liens 
are now enforced in the county of Philadelphia aforesaid: 


152 


North Philadelphia. 

Provided, That in every case of a lien filed as aforesaid, the 
said company shall have a right to collect the further sum of 
five per cent, on the amount of such claims. 

Section 6. That at the next meeting for officers, and at 
each subsequent election after the said road shall have been 
declared a free public road as aforesaid, the president, and 
two of the managers of the said company, shall be chosen by 
the property owners, each person interested in any property 
on which the assessment aforesaid shall have been previously 
paid, being entitled to one vote ; and the expense of keeping 
up said road shall devolve on the municipal authorities of 
the districts, townships, and boroughs, respectively, that is 
to say, the said company shall cause all the necessary repairs 
to be done, and shall have a right, at the end of each year, 
to recover from each of said municipal bodies the proportion 
of the expense of keeping in good order, and repair, the part 
of the road within their jurisdictions, respectively ; the ex¬ 
pense of that part of the road which forms the dividing line 
between the township of Roxborough and Germantown be¬ 
ing equally divided between said municipalities: Provided 
always , That if the company shall at any time neglect to keep 
said road, or any part thereof, in good repair, it shall be law¬ 
ful for, and the duty of said municipal bodies, respectively, 
to do so: Provided, That if said road is not made a free road 
under the provisions of this act within a year after it shall 
have been constructed, the county of Philadelphia shall at 
all times have the right to make it free by refunding or pay¬ 
ing to such company the amount of the cost of said road, and 
the repairs thereof, with legal interest, less the nett amount 
of tolls that may have been received by them. 

******* 

April 29, 1852. (P. L. 478.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 
Repealing cer- That the second, third, fourth, fifth, and sixth sections of the 
of'charter? 10118 act to which this is a supplement, be, and the same is hereby 
repealed. 

May 1,1852. (P. L. 503.) 


Proviso. 


Officers, liow 
chosen. 


Expense of 
ke e p i n g up 
road. 


Proviso. 


Proviso. 



158 North Philadelphia. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

******* 
Section 4. That all damages for any land that may be ta¬ 
ken or occupied by or for the use of the North Philadelphia 
Plank Road company for the bed of their road, as well as 
for any materials taken, shall be ascertained and assessed in 
manner and form a§ provided by the ninth section of the act 
of Assembly, entitled “ An Act regulating Turnpike and 
Plank Road companies,” approved the twenty-sixth day of 
January, one thousand eight hundred and forty-nine. 

Section 5. That the North Philadelphia Plank Road com¬ 
pany shall have the right of making any part of their road 
of the width of only fifty feet, and further shall have the 
right to fix gates on their road and collect toll under the pro¬ 
visions of the twelfth and other sections of the said act regu¬ 
lating turnpike and plank road companies, whenever three 
miles or more of their said road shall have been finished. 

******* 

April 20,1858. (P. L. 648.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the North Philadelphia plank road company be and 
they are hereby authorized to borrow money to the extent of 
twenty thousand dollars, and to issue their bonds therefor, 
convertible into the stock of the company or otherwise, and 
in such form and for such amounts, not less than one hundred 
dollars each, as the managers of said company may think 
proper, and to mortgage their road and franchises to secure 
the payment of said bonds, the said bonds to bear such rate 
of interest, and to be sold or disposed of by the company at 
such rates as they shall deem best. 

Section 2. That the said North Philadelphia plank road 
company shall also be and they are hereby authorized to con¬ 
tinue their road by lateral branches, so as to connect at one 
or more points with the Germantown turnpike or Main street, 
in the borough of Germantown: Provided , That no public 


North Phila. 
plank road, 
damages. 


When m a y 
erect gates and 
collect toils. 


Power to bor¬ 
row money. 


Extension of 
road. 



Proviso. 


Authorized to 
construct rail¬ 
road. 


Route. 


Branch road. 


0 Subject to. * 


May conn e c t 
with other rail¬ 
ways. 


North Philadelphia. 154 

street or road be appropriated for that purpose without the 
consent of the councils of said borough, and the said com¬ 
pany are hereby further authorized to continue their road so 
as to connect with the Germantown and Roxborough town¬ 
ship line road, at any point north of Harvey street, and thence 
up the said township line road to the Wissahickon turnpike 
road, also to continue their road from the intersection there¬ 
of at Schuylkill sixth street with the Lamb tavern road, 
south-eastwardly along the Lamb tavern road aforesaid to 
Broad street. 

March 31, 1854. (P. L. 233.) 


Section 1 . Be it enczted hy the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That the North Philadelphia plank road company be and 
they are hereby authorized to construct a railroad, to be used 
exclusively with horse power and passenger travel, with one 
or two tracks of five feet two inches gauge, along the line on 
which, by the act to which this is a supplement and the sup¬ 
plements thereto, they are authorized to construct their 
plank road, as aforesaid, and from the point of intersection 
of Seventeenth street and Tioga street, to continue the said 
railroad down the said Tioga street to Broad street and down 
Broad street to Lehigh avenue ; thence to continue said road 
down Broad street to Columbia avenue, and there to connect 
with the Citizens’ Passenger railroad company; and thence 
over their road on Columbia avenue and Lancaster street and 
Tenth and Eleventh streets ; and shall further have the right 
to lay a branch of the said road with one or two tracks, as 
aforesaid, up Broad street from said Lehigh avenue to Fish¬ 
er’s lane, and shall have power to convey passengers over the 
same; and the said company shall also have the right to 
purchase real estate, and to erect thereon such buildings and 
improvements as may be necessary for the purposes of said 
company, and also to purchase the necessary equipments for 
said railways; and no freight, or burden trains, or locomo¬ 
tives, shall be permitted to pass over the same. 

Section 2. That the said North Philadelphia plank road 
company shall have the right, subject to such general regu¬ 
lations as the city council shall, from time to time, establish and 
ordain for the government of passenger railroads connecting 
and running on other roads than their own, to connect with any 



155 North Philadelphia 

other passenger railway of the same gauge, which is now 
constructed or which may hereafter be constructed, occupy¬ 
ing or crossing any part of the route above indicated, and to 
run their cars and carry passengers on such roads, with which 
they shall so connect, on paying to the company or compa¬ 
nies owning such roads, a fair compensation for the use of 
their road or roads; and if said North Philadelphia plank 
road company and the company or companies, owning any 
road with which they shall so connect, should fail to agree 
on a fair compensation, as aforesaid, then they shall each ap¬ 
point one disinterested person, who shall be approved of by 
the court of common pleas in said city, and the two thus 
chosen shall choose a third person, also disinterested, and 
who shall also be approved by said court, and the three thus 
chosen shall determine on the terms and compensation on 
which said North Philadelphia plank road company shall 
use, as aforesaid, any other road: Provided also , That all 
passenger railways now constructed or hereafter to be con¬ 
structed, having a right to occupy or cross any part of said 
route, shall also have the right to connect with and use the 
road of the North Philadelphia plank road company, on the 
same terms and conditions and to the same extent as afore¬ 
said. 

Section 3. That said North Philadelphia plank road com¬ 
pany, in constructing said road, shall conform to the grades 
now established, or hereafter to be by law established, 
of the several streets and avenues traversed by said road, 
and keep said streets and avenues in perpetual good repair, 
at the proper expense of said company: Provided , That be¬ 
fore the said company shall use and occupy the said streets, 
the consent of the councils of the city of Philadelphia shall 
be first obtained ; and said consent shall be taken and 
deemed to have been given, if said councils shall not, 
within thirty days after the passage of this act, by 
ordinances duly passed, signify their disapproval thereof; 
and said councils may, from time to time, establish such reg¬ 
ulations in regard to said railway, as may be required for 
the paving, re-paving, grading, culverting and the laying of 
gas and water pipes in and along said streets, and to prevent 
obstructions thereon. 

Section 4. That to enable the said company to carry 
out the provisions of this act, they shall be and are hereby 
authorized to increase their capital stock two hundred thou¬ 
sand dollars above their present capital; and if they find it nec- 


Where parties 
cannot agree, 
how deter¬ 
mined. 


Proviso. 


To conform to 
grades. 


Proviso. 


May increase 
capital stock, 
make loans, &c 


To c o n n e c t 
with other 
roads for pas¬ 
senger purpo¬ 
ses only. 


Tax on divi¬ 
dends to be 
paid into city 
treasury. 


Purchase of 
omnibuses, <&c. 


Proviso. 


Proviso. 


North Philadelphia. 156 

essary, they shall further have the right to raise money by 
means of a loan, and for that purpose to mortgage their 
road, property and franchises, for any sum not exceeding 
three hundred thousand dollars, and to issue bonds, secured 
by such mortgage, of an amount of not less than one hun¬ 
dred dollars each, payable at such time as the stockholders 
shall determine, and bearing interest not exceeding six per 
cent.; and shall further be authorized to dispose of said 
bonds on any terms and for any price which the directors of 
said company, or their authorized agent or agents, shall 
deem expedient. 

Section 5. That the said railroad company shall not con¬ 
nect with any railroad, other than for passenger purposes, 
and of the same gauge, under the penalty of a forfeiture of 
their charter; and the said company shall annually pay into 
the treasury of the city of Philadelphia, for the use of said 
city, whenever the dividends shall exceed six per centum per 
annum on the capital stock, the sum of six per centum on the 
said dividends thus declared ; and the said company, before 
commencing said road upon the said streets, shall purchase, 
at the option of the owners, the stock of horses, omnibuses, 
sleighs and harness owned and used upon the said streets at 
the time of commencing the said road, at a price to be as¬ 
sessed in the following manner: The said owners shall 
choose one disinterested person and the said company shall 
choose a second person, and the two thus chosen shall choose 
a third, who together shall be disinterested persons, and 
shall appraise such stock, and the value thus arrived at shall 
be binding and final: Provided , That said company shall in 
all respects be subject to the provisions of the general act 
regulating railroad companies, of nineteenth of February, 
one thousand eight hundred and forty-nine, and the several 
supplements thereto : Provided also , That said North Phila¬ 
delphia Plank road company shall be subject to an ordinance 
of the city councils, entitled “ An ordinance to regulate pas¬ 
senger railways within the city of Philadelphia,” approved 
the seventh day of July, Anno Domini one thousand eight 
hundred and fifty-seven. 

April 9,1858. (P. L. 1860, 799.) 


1^7 North Philadelphia . 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby, enacted by the authority of the same, 
That the title of.the said company shall hereafter be the 
North Philadelphia Passenger railway company. 

April 14, 1859. (P. L. 648.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 
That the North Philadelphia Passenger Railway Company 
be and they are hereby authorized and empowered to adopt 
and use, for the purpose of drawing and propelling their 
cars, on any road or railway which they now have built and 
constructed, and also on any road which they may hereafter 
build and construct, under any power or authority what¬ 
ever, steam passenger cars: Provided, That no cars propelled 
by steam upon said road shall be permitted to run south of 
Columbia avenue. 

Section 2. That should said road, or any part thereof, be 
sold, at judicial sale, under any judgment obtained on the 
mortgage which is now on said road, for any sum less than 
the price or sum which said company have contracted to 
give for the building and construction of said road, then 
Emanuel Peters, the builder and constructor thereof, his 
legal representatives or assigns, shall have the right, at any 
time within three years from the date of such sale, to claim 
or redeem the road, which shall have been sold as aforesaid, 
from any person or persons who shall have purchased the 
same at said sale, by paying to such purchaser or purchasers 
the price or sum which he, she or they shall have paid for 
the same, with interest, at said sale; and the purchaser or 
purchasers at said sale, upon being paid or tendered the 
price or sum for which said road shall have been sold as 
aforesaid, shall make, execute and deliver a good and lawful 
deed of said road to the said Emanuel Peters, his legal rep¬ 
resentatives or assigns, and thereupon the said Emanuel 
Peters, his legal representatives or assigns, shall be vested 
with all the rights, powers, privileges, immunities, fran¬ 
chises and appurtenances which shall have belonged to and 
been enjoyed by said company, at the time of said sale. 

May 16, 1861. (P. L. 695.) 


Changing title. 


Authorized to 
use steam pas¬ 
senger cars. 


Proviso. 


Emanuel 
Peters may re¬ 
deem the road 
if sold under 
judgment on 
mortg a g e a t 
less than cost. 


Terms. 


Deed. 


Rights, p o w - 
ers,&c., vested. 



North Philadelphia. 


158 


Preamble. 


Disapproval of 
certain legisla¬ 
tion. 


Co n d i t i o n s 
under which 
disapproval to 
cease. 


ORDINANCE. 

Whereas, By the provisions of the act of Assembly, ap¬ 
proved April 9, 1858, entitled “An Act to incorporate the 
Philadelphia and Gray’s Ferry Passenger Railway Com¬ 
pany,” and of a certain other act of Assembly, approved 
April 10, 1858, entitled “An Act to incorporate the Second 
and Third Street Passenger Railway Company of Philadel¬ 
phia,” and of a certain other act of Assembly, approved 
April 10, 1858, entitled “An Act to incorporate the North 
Branch Passenger Railway Company of the City of Phila¬ 
delphia,” arid of a certain other act of Assembly, approved 
April 13, 1858, entitled “An Act to incorporate the Fair- 
mount Passenger Railroad Company,” and of a certain other 
act of Assembly, approved April 9, 1858, entitled “A fur¬ 
ther supplement to an Act to incorporate the .North Phila¬ 
delphia Plank Road Company, and for other purposes,” the 
right is reserved to the City Councils to disapprove of the 
said acts of Assembly, respectively, and of the right therein, 
respectively granted to the said companies to occupy the 
streets and highways of the said city therein, respectively, 
within thirty days from the passage of the said Acts of As¬ 
sembly; therefore. 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That in pursuance of the power 
and authority in them vested by the said Acts of Assembly, 
Councils do hereby declare their disapproval of each and 
every of the said Acts of Assembly in the above preamble 
mentioned, and of the rights therein respectively granted to 
“The Philadelphia and Gray’s Ferry Passenger Railway 
Company,” “ The Second and Third Street Passenger Rail¬ 
way Company of Philadelphia,” “ The North Branch Pas¬ 
senger Railway Company of the City of Philadelphia,” 
“ The Fairmount Passenger Railroad Company,” and “ The 
North Philadelphia Plank Road Company,” to occupy the 
streets and highways of the City of Philadelphia. 

Section 2. That if any company in the said preamble 
named shall, within ninety days from the passage of this 
ordinance, and before such company shall occupy any of the 
said streets or highways, file in the office of the City Solic¬ 
itor a written obligation, sufficient in law, to bind such com¬ 
pany to observe and be subject to all ordinances of the City 
in relation to Passenger Railways then in force, and there¬ 
after to be passed, then the provisions of the first section of 
this ordinance as to each and every such company as shall 
file such written obligation, as aforesaid, shall cease to have 
effect April 16,1858. (Ords. 143.) 


159 People’s. 

PEOPLE’S PASSENGER RAILWAY COMPANY. 


ACT OF ASSEMBLY. 

Section 1 . Be it enacted , That John Riegal, William 

Wilson, Joseph M. Stoddart, LeRoy Kramer, R. F. Raley, Tho¬ 
mas S. Harris, John L. Lawson, Alpheus Matthews, Peter S. 
Dildine, Robert Dele van, I. S. Webster, James C. Collins and 
Joseph Collins, or a majority of them, are hereby appointed 
commissioners to open books, receive subscriptions and or¬ 
ganize a company; and that they, and their associates and 
successors, be, and they are hereby constituted a body poli¬ 
tic and corporate by the name and style of the People’s Pas¬ 
senger Railway Company, and as such they shall have power 
to lay and construct a railway in the city of Philadelphia, 
and carry passengers along such route and streets as herein¬ 
after provided for; and they shall have the right to charge 
such rates of fare as the directors from time to time deter¬ 
mine upon, and to equip said road, to hold, purchase and con¬ 
vey such real estate, and to erect thereon such buildings and 
improvements as they may deem necessary for the purpose 
of said company. 

Section 2. That the capital stock of the said company shall 
consist of twenty thousand shares of twenty-five dollars each, 
with the right to increase the same by a vote of the stock¬ 
holders convened for that purpose, as much as in their opin¬ 
ion shall or may be necessary to complete said railway, or to 
make such extensions as may now or hereafter be authorized, 
and to carry out the full and true intent and meaning of this 
act: Provided , That the capital stock shall not exceed one 
million dollars. 

Section 3. That the said company is hereby authorized to 
Jay a single track of railway, commencing at or near the wire 
bridge on Callowhill street; thence along said Oallowhill 
street to Biddle street; thence along said Biddle street to 
Twenty-fourth street; thence along said Twenty-fourth street 
to Callowhill street; thence along said Callowhill street, by 
double track, to Front street; thence along said Front street 
by double track, to Vine street; thence along said Vine 
street, by double track, to Delaware avenue; thence along 
said Vine street, by single track, to York road or avenue; 
thence along said York road or avenue to Callowhill street, 


Commissioners 


Title. 

Powers. 


Capital stock. 


Route of roart. 



160 


Eight to make 
turnouts, si¬ 
dings, &c. 


Authorized to 
remove'paving, 
select site tor 
buildings, &c. 


Consent of 
councils to be 
obtained. 


To accept cer¬ 
tain act. 


How compen¬ 
sation for use 
o f tracks o f 
other compa¬ 
nies deter¬ 
mined. 


People’s. 

and connect with its said track or tracks on said Callowhill 
street; and thence along said Callowhill street, by double 
track, to the river Schuylkill, with the right to make such 
turn-outs, sidelings and switchings and connections as the 
said company may deem requisite to join their own tracks, 
or connect with any other railway company’s track on said 
streets; and furthermore, to extend their said tracks from 
Vine street, by double track along Front street, to Dock street; 
thence along Dock street, by double track, to Third street, 
and to connect with their track on Dock street, with full 
authority to take up all paving necessary for laying its 
said track or tracks ; and are hereby authorized to select a 
suitable place for the erection of depots, stables, offices and 
other buildings necessary for conducting the business of the 
said railway company; and they shall have full authority to 
lay tracks along such streets as may be most convenient to 
reach the depots and stables of said company; and should it 
be necessary to cross the tracks of any other company at 
grade, they shall be permitted to do so by paying all the ex¬ 
penses thereof: Provided , The consent of the councils of the 
city of Philadelphia be first obtained thereto : Provided also , 
That said company accepts the provisions of the act to pro¬ 
vide for the erection of a permanent Centennial building, ap¬ 
proved March twenty-seventh, Anno Domini one thousand 
eight hundred and seventy-three. 

Section 4. That in case the said company shall use the 
track or tracks of any other company, on any of the streets 
named in the foregoing section, it shall agree with such other 
company or companies upon the terms of compensation to be 
paid said company or companies for the privilege of so using 
and running cars on said road or roads ; and if the parties 
shall not be able to agree upon the terms of compensation as 
aforesaid, then the determination of all such disputes shall be 
submitted to three competent and disinterested citizens of the 
city of Philadelphia, who shall be appointed by the judges of 
the court of common pleas of said city, on petition in writ¬ 
ing from either party, to said judges, whether in vacation or 
at their chamber, and it shall be the duty of said judges, on 
the presentation of said petition, forthwith to appoint the 
said three referees, whose duty it shall be, without delay, to 
adjust and determine the compensation to be paid by the said 
People’s Passenger Railway Company, as aforesaid ; and the 
decision of said referees, as aforesaid, made, shall be in writ¬ 
ing and deposited, within five days after their appointment, 


161 


People's. 


with the judges of the court of common pleas aforesaid, which 
decision, so aforesaid made, shall be final and conclusive upon 
both parties. 

Section 5. That the parties herein named, or a majority of 
them, may proceed to organize said company and obtain sub¬ 
scriptions to the capital stock thereof, and after one thousand 
shares have been subscribed for and ten per centum paid 
thereon, then the subscribers shall proceed to elect a board 
of five directors, who shall serve until the second Tuesday of 
January following, or until their successors are elected and 
qualified, and the said stockholders shall annually thereafter, 
on the second Tuesday of January, elect a similar board of 
five directors to serve for one year or until their successors 
are elected and qualified; and if for any reason said election 
shall not be held at the time indicated, then another time 
shall be appointed by the directors after public notice of two 
weeks has been given in one daily newspaper published in 
the city of Philadelphia; and the directors shall have power 
to fill all vacancies in their board, whether from death, re¬ 
signation or otherwise ; but no person shall be or act as a 
director who is Dot a stockholder; but should any or all of 
said provisions for the elections of directors fail, the stock¬ 
holders shall have full power to choose a new board from 
among themselves. 

Section 6. That the said directors shall have the power to 
appoint a president and such other officers as they may deem 
necessary; and in all elections for directors and at other 
meetings of stockholders each share shall entitle the holder 
thereof to one vote, but no stockholder or assignee shall vote 
upon any share of stock on which an instalment is due and 
unpaid. 

Section 7. That the said company shall have power to 
make and have a common seal, and the same to alter and re¬ 
new at pleasure, and also establish and execute such by-laws 
and regulations as appear to be necessary for the government 
of said company, the same not being inconsistent with the 
constitution of the United States and of this state, and it 
shall generally do and perform, all and singular, the matters 
and things which to it shall lawfully appertain to do for the 
well-being of said corporation and proper management of the 
affairs thereof. 

Section 8. That the said company shall have the power to 
borrow money in any sum not exceeding in amount one-half 
its capital stock, at a rate of interest not exceeding seven per 


Organization. 


Election of di¬ 
rectors. 


Vacancies. 


President and 
other officers. 


Votes. 


Seal, by-laws, 
&c. 


May borrow 
money and is¬ 
sue bonds. 


162 


Subject to. 


Consent to con¬ 
struction of 
road. 


Depots, etc. 


Proviso. 


People's. 

cent, per annum, and for the purpose of securing the re-pay¬ 
ment of the same and the interest thereon, to issue bonds; 
the principal sum shall be made payable at such time as the 
directors deem advisable, and the said bonds may be further 
secured by a mortgage of and on the said railway so con¬ 
structed, and the corporate rights and franchises granted by 
this act: Provided , No bonds shall be issued for a sum less 
than one hundred dollars, and it shall have the right to create 
a sinking fund for the redemption of said bonds. 

Section 9. That the said company shall be subject to all 
the ordinances of the councils of the said city, and shall be 
subject to pay such taxes as are now imposed by the said 
councils, not exceeding in rate or amount that paid by any 
other passenger railway company in the said city, and further, 
shall be subject to all the provisions of an act regulating rail¬ 
way companies, approved the nineteenth day of February, 
Anno Domini one thousand eight hundred and forty-nine, so 
far as the same are not altered and supplied by this act. 
April 15,1873. (P. L. 788.) 


ORDINANCES. 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , And declare their consent to the 
construction of a passenger railway, authorized to be 
laid out and built by an Act of the General Assembly 
of the State of Pensylvania entitled “An Act to incorporate 
the People’s Passenger Railway Company of Philadelphia,” 
approved April 15th, 1873. And they are hereby authorized 
to select suitable places for the erection of depots, stables, 
offices, and other buildings necessary for conducting the 
business of the said railway company, and with the consent 
of Councils, they shall have full authority to lay tracks along 
such streets as may be most convenient to reach the depots and 
stables of said company, as herein provided; and should it 
be necessary to cross the tracks of any other company at grade, 
they shall be permitted to do so by paying all the expenses 
thereof. Provided, That the tracks of the said People’s 
Passenger Railway Company shall not extend further east¬ 
ward and southward than Vine street; that they shall not 
lay or cause to be laid more than two tracks on Callowhill 
street; that the western terminus of the road where the de¬ 
pots and stables of the company shall be located, shall be 



163 


People's. 

situate at a point not further removed than two squares from 
Twenty-fourth and Callowhill streets. And provided farther, 
That the companv shall agree in writing to comply with the 
requirements of this Ordinance, and with all the Ordinances 
and laws of the City regulating passenger railway companies 
and the highways, and that said agreement shall be duly 
filed of record in the office of the Law Department. 
November 25, 1874. (Ords. 349.) 


Resolved by the Select and Common Councils of the City of 
Philadelphia , that the Department of Highways be and is 
hereby authorized to grant permission to the People’s Pas¬ 
senger Railway Company to remove the cobble pavement, 
for the purpose of laying their tracks upon the following 
streets, in accordance with the act of Assembly of April 15th, 
1873, and the Ordinance entitled “An Ordinance to permit 
the People’s Passenger Railway Company to construct a 
railway, to build depots, &c., and to lay tracks along streets 
and avenues,” approved the twenty-fifth day of November, 
A. D., 1874, viz.: On Biddle street, from Callowhill street 
to Twenty-fourth street, on Twenty fourth street to Callow¬ 
hill, street, on Callowhill street to the river Schuylkill, thence 
on Callowhill street to Front street, on Front street to Vine 
street, on Vine street to York avenue, and on York avenue 
to Callowhill street: Provided , That the said People’s Pas¬ 
senger Railway Company first pay the sum of twenty-five 
dollars to the City Treasurer, to defray the cost of advertis¬ 
ing this resolution. 

December 7, 1874. (Ords. 373.) 


Section 1 . The Select and Common Councils of the City . of Phil¬ 
adelphia do ordain , That permission be, and the same is here¬ 
by granted to the People’s Passenger Railway Company, to 
put in a turn-table for turning their cars at the terminus of 
their road on Callowhill street, at the Schuylkill River, and 
also to put in a turn-table on Front street, below Market 
street, and also to connect their tracks with both of said 
turn-tables; all ordinances and provisos inconsistent here¬ 
with are hereby repealed: Provided , The said The People’s 
Passenger Railway Company first pay to the City Treasurer 
the sum of fifty (50) dollars for the publication of this Ordi¬ 
nance : Provided , That the fare shall not be more than five 
cents. 

May 23, 1881. (Oris. 103.) 


Proviso. 


Authorized to 
remove cobble 
pavement, &c. 


Proviso. 


Permission to 
ere c t turn- 
tables. 


Proviso. 


Proviso. 




Philadelphia City. 164 

PHILADELPHIA CITY PASSENGER RAILWAY 
COMPANY. 

ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of ^Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
Commissioners That George Boldin, Conrad S. Grove, Harry Connelly, 
Charles Wister, John Ely, B. R. Petrikin, Joseph Singerly, 
William Juvenal, William D. Kelly, Lewis Scout, Charles 
Harlan and William Millward, or two-thirds of them, be 
and they are hereby constituted and appointed commis¬ 
sioners to open books, receive subscriptions and organize a 
style. company by the name, style and title of the Philadelphia 

City Passenger railway company, with power and author¬ 
ity to lay out and construct a city passenger railway, 
Route. commencing on Front street, at or near Walnut street ; 

thence up the said Front street with a single track to Chest¬ 
nut street; thence up with said Chestnut street with a single 
track to Twenty-second street; thence down the said Twen¬ 
ty-second street with a single track to Walnut street; thence 
down the said Walnut street with a single track to Front 
street aforesaid, in the city of Philadelphia, and to extend 
the same on the west side of the Schuylkill river, along 
Chestnut or Walnut streets to Sixty-fifth street, by either 
single or double track, at such time, or from time to time, as 
Subject to. the company may deem it expedient, subject to all the pro¬ 
visions and restrictions of an act regulating railroad compa¬ 
nies, approved the nineteenth day of February, Anno Domini 
one thousand eight hundred and forty-nine, and the several 
supplements thereto, so far as the same are not altered or 
supplied by this act; and also to an ordinance of the city 
councils, entitled “ An Ordinance to regulate passenger rail¬ 
ways within the city of Philadelphia,” approved the "seventh 
day of July, Anno Domini one thousand eight hundred and 
Proviso. fifty-seven : Provided , That no freight or burden trains or 
locomotives shall be permitted to pass along the same. 

Capital stock. Section 2. The capital stock of said company shall cons : st 
of ten thousand shares of fifty dollars each, and the said com¬ 
pany may, from time to time, by a vote of the stockholders, 
at a meeting called for that purpose, of which meeting thirty 
increase of by days’ notice shall be given, in two or more papers in the citv 
holders, &c. ot Philadelphia, increase the capital stock to an amount not 
exceeding fifteen thousand shares of fifty dollars each. 



165 


Philadelphia City. 

Section 3. That the said company shall have power to May Dor row 
borrow money in any sum not exceeding in amount one-half is ' 

ot its capital stock, at a rate of interest not exceeding seven 
per cent, per annum, and to secure the re-payment of the 
same and the interest thereon, to issue bonds (the principal 
moneys secured by which shall be made payable at such date 
as the board of directors of said company may deem advis¬ 
able,) and which bonds shall be further secured by a mort¬ 
gage of and on the said railway, and the corporate rights 
and franchises thereof granted by this act; and such bonds 
and mortgage may contain a provision that it shall be op¬ 
tional with the holder of any such bond, at any time within 
five years from the date of the maturity thereof, to convert 
tht same into the capital stock of the said company, at par: 

Provided , That no bond shall be issued of a less denomina- Proviso, 
tion than one hundred dollars. 

Section 4. That whenever the councils of the city of Phil- Free bridge 
adelphia shall proceed to build a free bridge across the river Schuylkill! *!e e 
Schuylkill, at either Chestnut or Walnut streets, the said the latlvet0 - 
Philadelphia City Passenger railroad company, shall pay into 
the treasury of said city, one-half the cost of said bridge: 

Provided , The sum so paid by said Philadelphia City Passen- Proviso, 
ger railway company shall not exceed one hundred thousand 
dollars ; said payment to be made in the first mortgage bonds 
of the said company, secured as aforesaid, towards the cost of 
construction of said bridge: Provided , That the said railway Proviso, 
company shall have the exclusive right and authority to use 
the said bridge for passenger railway purposes and to lay 
tracks thereon. 

Section 5. That the said councils may, from time to time, dEice* to es’ 
by ordinance, establish such regulations in regard to said tabiish reguia- 
railway, as may be required for the paving, re-paving, grad- tions * 
ing, culverting and the laying of gas and water pipes in and 
along said streets and avenues, and to prevent obstructions 
thereon. 

Section 6. That the said company, in constructing said ad n e 0 s im of 
road, shall conform to the grades now established or hereaf- streets, &c. 
ter to be by law established, of the several streets or ave¬ 
nues traversed by said road, and to keep such streets 
or avenues in perpetual good repair, at the proper expense 
of said company. 

Section 7. The said company shall make, and have a seal, 
common seal, and the same to alter and amend or renew 
at pleasure, and also.to ordain, establish, and put in execu- 


By-laws. 


Subject to. 


Officers. 


Votes. 


May connect 
with other rail¬ 
ways. 


When parties 
cannot agree 
councils to fix 
terms. 


Dividends. 


Philadelphia City. 166 

tion such by-laws, ordinances, and regulations as shall, appear 
necessary or convenient for the government of said com¬ 
pany, and not being contrary to the constitution and laws of 
the United States or of this commonwealth, and generally to 
do all and singular the matters and things which to them it 
shall lawfully appertain to do, for the well being, of said com¬ 
pany, and due ordering and managing of the affairs thereof; 
and an act, entitled u An Act to incorporate the Central 
Passenger railway company,” approved twenty-first April, 
A. D. one thousand eight hundred and fifty-eight, and all 
other laws or parts of laws heretofore enacted, inconsistent 
with the rights and powers granted by the several sections 
of this act, are hereby repealed. 

Section 8. That the said company shall have power to 
elect or appoint a president and six directors, a majority of 
whom, with the president, shall be citizens of Philadelphia, 
and such other officers as may be deemed necessary or expe¬ 
dient ; and in every election for officers each share of stock 
shall entitle the holder thereof to one vote. 

Section 9. That the said railway company shall have the 
right to connect with any other passenger railway company, 
for the purpose of completing a route or making a circuit, 
upon such terms and conditions as may be agreed upon by 
such other company or companies and the said Philadelphia 
City Passenger railway company; and in case the said com¬ 
panies cannot agree, then upon such terms and conditions as 
may be prescribed by the councils of the city of Philadelphia ; 
and the said the Philadelphia City Passenger railway company 
is hereby authorized to connect their road with that of the 
West Philadelphia Passenger railway company, by a single 
track on Twenty-second or Twenty-third streets. 

Section 10, That dividends of so much of the profits of 
said company as shall appear advisable to the directors, 
shall be declared in the months of July and January, in each 
and every year, and be paid at the office of the company at 
any time after the expiration of ten days from the time of 
declaring the same ; but said dividends shall in no case ex¬ 
ceed the amount of the net profits of said company, so that 
the capital stock shall never be impaired thereby; and 
if the said directors shall make any dividend impairing the 
capital stock of said company, the directors consenting there¬ 
to shall be liable in their individual capacities, to said com¬ 
pany, for the amount so divided ; and each director present 


167 Philadelphia City. 

when such dividend shall be declared, shall be considered as 
consenting thereto, unless he or they enter protest upon the 
minutes of the board, and give public notice of the same ; 
and whenever the dividends shall exceed in amount six per 
cent, per annum on the capital stock, such excess of divi¬ 
dend over six per cent, thus declared, shall be subject to a 
tax of six per cent.; which tax shall be paid into the treas¬ 
ury of the city of Philadelphia, for the use of said city. 

March 26, 1859. (P. L. 248.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the provisions in the first section of an act regulating 
railroad companies, approved the nineteenth day of Febru¬ 
ary, A. D. one thousand eight hundred and forty-nine, 
which requires the commissioners named in any special act 
incorporating any passenger railroad company to give at 
least twenty days’ notice, in one or more newspapers, of the 
time and place for opening books for receiving subscriptions 
to the capital stock of such company, is hereby declared not 
to extend or apply to the act, entitled, “An Act to incorpo¬ 
rate the Philadelphia City Passenger railway company,” 
passed the twenty-sixth day of March, A. D. one thousand 
eight hundred and fifty-nine, to which this is a supplement; 
and the commissioners named in the said act, or two-thirds 
of them, are hereby authorized and empowered to open books, 
for the purpose of making and receiving subscriptions to 
the capital stock of the said passenger railway company, 
and to make and receive such subscriptions after giving 
three or more days’ notice, as the said commissioners shall 
determine, of the time and place of opening such books, in 
at least two daily newspapers in the city of Philadelphia. 

Section 2, That, the said company shall have the exclusive 
right to use and occupy the streets named in the act to 
which this is a supplement, for railway purposes, and is 
hereby authorized and directed to commence and lay their 
said railway upon the said streets, substantially, with the 
form and gauge of rail, and in the mode and manner of lay¬ 
ing the same as are now used by the Frankford and South¬ 
wark Passenger railway company ; and they shall conform 
in all respects to the grades and regulations of said streets, 
as they now are, under the directions of the chief engineer 


Tax on clivi 
dends to be 
paid into city 
treasury. 


Provisions of 
the arst section 
of certain act 
not to extend 
to the Philadel¬ 
phia City Pas¬ 
sengerrailway. 


Commissioners 
to give public 
notice of time 
and place for 
receiving sub¬ 
scripts ns to 
stock. 


Exclusive right 
to use and oc¬ 
cupy certain 
streets. 


Must conform' 
to grades of 
streets. 



Authorized to 
borrow money 
on mortgage. 


Certain litiga¬ 
tion author- 
ized. 


Philadelphia City. 168 

of said city. And so much of any law or ordinance as re¬ 
quires the proposed plan, courses, styles of rails, and manner 
of laying the same, to be approved by the board of surveys 
and regulations of said city, and all laws conflicting or in¬ 
consistent with this supplement, be and are hereby repealed. 
March 31, 1859. (P. L. 325.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
That the Philadelphia City Passenger Railway Company be 
and the same is hereby authorized to borrow, for the purpose 
of defraying the cost of constructing new stables, car houses, 
offices and other buildings, required for the use of the com¬ 
pany, and for the extension and equipment of the road, any 
sum, or sums, of money, not exceeding one hundred thousand 
dollars, in addition to the amount authorized to be bor¬ 
rowed, under the act to incorporate the Philadelphia City 
Passenger Railway Company, passed March twenty-sixth, 
one thousand eight hundred and fifty-nine, and to issue its 
bonds therefor, at such times and at such rates of interest, 
not exceeding seven per centum per annum, and payable at 
such times as the president and directors of said company 
shall deem expedient, and to secure the payment of the 
sums, so borrowed, by a mortgage of its corporate rights and 
franchises, and all, or any part, of its other estate, real or 
personal. 

March 29,1867. (P. L. 623.) 


ORDINANCE. 

Resolved, By the Select and Common Councils of the 
City of Philadelphia, That the City Solicitor be, and is 
hereby authorized to enter into a case stated for the deter¬ 
mination, before the proper tribunal, of the time at which 
interest shall become payable on the bonds to be given by 
the Philadelphia City Passenger Railroad Company, for the 
building of a bridge on Chestnut street, either with or with¬ 
out the delivery of said bonds, as he may deem expedient. 

October 16,1860. (Ords. 366.) 




169 Philadelphia Darby. 
PHILADELPHIA AND DARBY RAILROAD CO. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same , 

That Thomas Sparks, John W. Passmore, Morris Powers, Corporators. 
Charles Lloyd, Robert Buist, Morris S. Wickersham, Isaac 
Leech, junior, Wrn. A. Edwards and Henry M. Philips, of 
the city of Philadelphia, James Andrews, Morgan Bunting, 

Albert Worrell, Pearson Serrill, Joseph B. Conover and 
George M’Henry, of Delaware county, and their associates, 
and those who may hereafter become associated with them, 
be and hereby are incorporated and constituted a body politic, 
under the name and title of the Philadelphia and Darby rail- style, 
road company, with all the rights and privileges, and sub¬ 
ject to all the conditions and restrictions conferred or im- subject to. 
posed by an act to regulate railroad companies, approved the 
nineteenth day of February, Anno Domini one thousand eight 
hundred and forty-nine, and the supplements thereto. 

Section 2. That the said Philadelphia and Darby railroad Route, 
company are hereby authorized to construct a railroad from 
a point at or near the eighth mile stone on the Philadelphia 
and Chester post road to such a point in the city of Philadel¬ 
phia, west of the river Schuylkill, as they deem fit: Provid- Proviso. 
ed, That the said road, so far as it may be in the county of 
Philadelphia, shall be located south-east of the said Phila¬ 
delphia and Chester post road, and shall be subject to the 
tenth section of a supplement to the act consolidating the city 
of Philadelphia, approved the twenty-first day of April, 

Anno Domini one thousand eight hundred and fifty-five. 

Section 3. That the capital stock of said company shall capital, 
consist of ten thousand shares of twenty dollars each. 

April 28, 1857. (P. L. 1858, 556.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the proviso in the second section of an act to incorpor- proviso of cer¬ 
ate the Philadelphia and Darby railroad company, approved pe£ied act re “ 
April eighteenth, one thousand eight hundred and fifty-seven, 
be and the same is hereby repealed. 




170 


Authorized to 
lay track or 
tracks. 


Proviso. 


Authorized to 
borrow money 


and issue 
bonds. 


Proviso. 


Change in num¬ 
ber of direc¬ 
tors. 


Proviso. 


Ci f y authorized 
to curb and 
pave Woud- 
Iand street. 


Philadelphia $ Darby. 

Section 2. That the said Philadelphia and Darby railroad 
is hereby authorized, in constructing a passenger railroad, to 
lay the track or tracks upon the line of the Darby turnpike 
or plank road company: Provided , The consent of the stock¬ 
holders of said company is first obtained. 

April 21,1858. (P. L. 391.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
That the Philadelphia and Darby Railroad Company be, 
and the same is hereby authorized to borrow for the purpose 
of completing and equipping its railroad, any sum or sums 
of money not exceeding one hundred thousand dollars, and 
to issue its bonds therefor, in such sums and at such rates of 
interest, not exceeding seven per cent, per annum, and pay¬ 
able at such times, and with or without coupons, as the 
president and directors of the said company shall deem ex¬ 
pedient, and to secure the payment of the sums so borrowed 
by a mortgage of its corporate rights and franchises, and all 
or any part of its other estate, real or personal: Provided , 
That no bond shall be issued for a less sum than one hun¬ 
dred dollars. 

January 20, 1859. (P. L. 5.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same, 

That in lieu of the number of directors now required by law 
to be elected, the stockholders of the Philadelphia and Darby 
railroad company, at their next annual meeting, in January, 
one thousand eight hundred and sixty-two, and at every an¬ 
nual meeting thereafter, shall choose, by a majority of Votes 
present, six directors, three of whom, with the president, 
shall constitute a quorum for the transaction of business: 
Provided , The stockholders, at their next annual meeting, 
accept the provisions of this act. 

February 28, 1861. (P. L. 71.) 


Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That the city of Philadelphia may, at any time hereafter, 





171 


Philadelphia $ Darby . 

grade, curb and pave, or cause to be graded, curbed and 
paved, Woodland street, from the intersection of the same 
with Market street, in the Twenty-fourth ward, of the pro¬ 
per width, as laid down on the plan of said city ; and it shall 
be the duty of the chief commissioner of highways of the said 
city, immediately, to give thirty days’ notice of the intention 
so to grade, curb and pave said street, or any portion there¬ 
of, to any plank road, turnpike or passenger railway company, 
occupying or using the same portion of said street; and upon 
the expiration of said notices, shall enter into a contract, with 
a competent paver or pavers, to do said work, which shall be 
paid for, by warrants drawn by the chief commissioner of 
highways, duly countersigned by the controller, on the treas¬ 
ury of said city ; and the said city shall collect the cost of 
said curbing and paving, from the owners of property, front¬ 
ing on said street, as provided by law; the said city, before 
commencing to curb and pave, as aforesaid, shall pay unto 
the Delaware County Turnpike Road Company, the sum of 
thirty-three hundred and twenty-five dollars, in full consider¬ 
ation for their chartered privilege to collect tolls on said por¬ 
tion of said street; and said company shall not be entitled to 
demand, or receive, any toll for the use of said street there¬ 
after, or exercise any chartered privilege over the same; and 
so much of the capital stock of the Delaware County Turn¬ 
pike Road Company, as was specifically subscribed for mak¬ 
ing that part of their road, as above mentioned, shall become 
extinguished upon re-payment to the holders thereof, by the 
company, the par value of such 3tock; the Philadelphia and 
Darby Passenger Railway Company shall be required to keep 
in repair, only so much of said street as may be within their 
tracks; that the city of Philadelphia, before taking posses¬ 
sion of that portion of the Darby Turnpike or Plank Road 
Company, between Thirty-ninth and Forty-first streets, the 
said city of Philadelphia shall pay, or cause to be paid, to the 
treasurer of the said, the Darby Turnpike or Plank Road 
Company, the cost of that portion of said road ; the same to 
be computed at the average of the original cost of the whole 
of said road. 

May 27, 1863. (P. L. 586.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Philadelphia and Darby Railroad Company be and 


Notice to be 
given. 


To be paid for 
by property 
owners. 


Stock of Dela¬ 
ware County 
Turnpike Co. 
to be e x tin- 
guished. 


Repairs. 



172 


Authorized to 
extend road. 


May relocate 
a n d r e-c o n - 
struct road. 


Proviso. 


Authorized to 
increase capi¬ 
tal stock and 
borrow money. 


Extension of 
road in Phila¬ 
delphia city. 


Preamble. 


Philadelphia $ Darby. 

the same is hereby authorized to extend their road from the 
point at or near the eighth mile stone, on the Philadelphia 
and Chester post road, as designated in the said act to any 
point on said road, in the county of Delaware. 

Section 2. That the said Philadelphia and Darby Railroad 
Company shall have power to re-locate and re-construct their 
present road wholly or in part between Philadelphia and 
Darby, along such route as may by them be deemed most 
practicable: Provided , That if any change be made in said 
route, the said company shall locate their road west of the 
Darby plank road, under the provisions and restrictions of 
the general railroad law, approved nineteenth of February, 
one thousand eight hundred and forty-nine. 

Section 3. That the said company shall have power to in¬ 
crease their capital stock, if necessary, to an amount not ex¬ 
ceeding one million of dollars, and to change the par value 
of their shares to fifty dollars, and to borrow money, by is¬ 
suing bonds therefor, to an amount not exceeding five hun¬ 
dred thousand dollars, secured by a mortgage of their prop¬ 
erty and franchises: Provided , That no bond shall be issued 
for a less sum than one hundred dollars. 

Section 4. That the said company shall have the right to 
extend their road at any time from its present terminus, in 
the city of Philadelphia, to any other point in said city west 
of the river Schuylkill. 

April 13, 1868. (P. L. 942.) 


Whereas, The Philadelphia and Darby Railroad Com¬ 
pany, under the authority of a supplement to their charter, 
approved the twentieth day of January, one thousand eight 
hundred and fifty-nine, did on the twenty-eighth day of Feb¬ 
ruary, one thousand eight hundred and fifty-nine, execute a 
mortgage for one hundred thousand dollars, and issued bonds 
secured thereby convertible into stock: 

And whereas , It was afterwards deemed advisable by said 
company to cancel all said bonds, and cause the mortgage to 
be satisfied of record : 

And whereas , The said company have since executed a new 
mortgage and issued bonds secured thereby not convertible 
into stock: 



173 


Philadelphia $ Darby. 

And whereas , Doubts have been expressed whether the au¬ 
thority granted by the aforesaid act has not been exhausted 
by the issue of the aforesaid mortgage and bonds first above 
mentioned; therefore, 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority of the same , 

That it is hereby declared to be the true intent and meaning construeing 
of the supplement to said act, approved twentieth day of Jp™ 61 le s isla ' 
January, one thousand eight hundred and fifty-nine, and the 
same shall be so construed that the authority to execute a 
mortgage and to issue mortgage bonds therein conferred 
shall apply not only to the mortgage and bonds for one hun¬ 
dred thousand dollars first executed and issued thereunder 
by said company, but also to any subsequent mortgage and 
bonds which might be executed and issued for the same 
amount: Provided , Such first mortgage should be (as it has Proviso, 
been) satisfied of record; and it is hereby enacted, that the 
mortgage for one hundred thousand dollars to John P. 

M’Fadden, trustee, dated twenty-eighth day of May, one 
thousand eight hundred and sixty-seven, and the bonds is¬ 
sued under the same, upon the property and franchises of 
said company, be and the same are hereby declared to be 
valid, and effectual to all intents and purposes, as fully as if 
the first above-mentioned mortgage and bonds had not been 
executed and issued. 

April 13, 1868. (P. L. 943.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the Philadelphia and Darby Railroad Company be and Authorized to 
they are hereby authorized to lease their road and appurte- lease road, 
nances, real and personal property, corporate rights and 
franchises, or either of them, in whole or in part, upon such 
terms and conditions as they may deem proper, to any rail¬ 
road or railway company incorporated by and under the 
laws of this commonwealth, and to sell and convey in fee And sell real 
simple, or for any less estate, the whole or any portion of estate - 
their real estate in the city of Philadelphia, either to such 
railroad or railway companies, or to any person or persons ; 



Permission to 
lay tracks. 


Proviso. 


Proviso. 


Eight of way. 


Proviso. 


Commissioners 


Philad’a. § Gray's Ferry . 174 

and it shall and may be lawful for any such railroad or rail¬ 
way company, as aforesaid, to lease the same, and to pur¬ 
chase and hold and sell and convey in like manner the said 
real estate. 

January 20, 1870. (P. L. 83.) 


RESOLUTIONS AND ORDINANCES. 

Resolved, By the Select and Common Councils of the City of 
Philadelphia, That the Philadelphia and Darby Passenger 
Railway Company are hereby authorized to lay railroad 
tracks on Cemetery avenue, from Darby road to Kingsessing 
avenue, in the Twenty-seventh ward: Provided, That the 
permission hereby granted may be revoked at any time by 
the City of Philadelphia by the passage of a resolution to 
that effect without notice; And provided , That the said 
railway company first pay to the City Treasurer twenty-five 
dollars to pay for the publication of this resolution. 

June 19, 1871. (Ords. 279.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain. That all persons driving vehicles on 
the Philadelphia and Darby Passenger Railway, south, shall 
have the right to the railway track when meeting any other 
vehicle going in the opposite direction ; and the driver of 
the vehicle going in the opposite direction shall be compelled 
to turn entirely off the track, under a penalty of five dollars,* 
to be recovered before any alderman in any suit or action 
brought to recover the same, which penalty shall be paid into 
the City Treasury for the use of the City; Provided, That the 
said Railway Company shall, in all cases, have the first right 
of way, subject to like penalty. 

October i3, 1873. (Ords. 470.) 


PHILADELPHIA AND GRAY’S FERRY PASSEN¬ 
GER RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted hy the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 
That Edward Brady, W. Young, C. J. Eastwick, J. S. Struth- 
ers, John J. Hoopes, J. Gibson, J. M. Williams, D. M. Jones, 






175 Philad’a . £ Gray's Ferry. 

J. Dick, W. A. Woods, J. Leech, Jr., George M’Henry, 
Thomas B. Florence, William M. Reilly, John H. Bryant, 
Jacob J. Walters, Charles Lafferty, E. R. Helmbold, Charles 
Dingee, C. Haisley, P. Lafferty, R. F. Christy, James M’Ca- 
han,F. A. Servor, Thomas Allison, Luke Keegan, Michael 
M’Ginnis, Charles Witson, John Murphy, William E. Skill- 
man, William Struthers, George Whitson, John Melligan, 
John H, Whiston, Alexander Henry, James D. Campbell, 
John M’lntire, A. J. Riley, George Kirkpatrick, David 
M’Clain, Andrew Morrow, George W. Middleton, Theodore 
G. Gauss, B. H. Bartol, S. Benton, Charles L. Jordan, James 
Baird, John Alexander, L. C. Wells, James W. Flinn, Henry 
Y. Smith, Willisfin H. Cooper, William B. Hood, Jesse John¬ 
son, Alfred Day, R. K. Heff, S. F. Betts, T. H. Speakman, 
William Young, Jr., T. J. Muirhead, John S. Thackara, 
John Campbell, H. Weannemacher, W. J. Jackson, John 
Reid are hereby appointed commissioners to open books, re¬ 
ceive subscriptions and organize a company under the name 
and title of the Philadelphia and Gray’s Ferry passen¬ 
ger railroad company, to continue for a period of twenty 
years from the passage of this act. 

Section 2. That said company are hereby authorized and 
empowered to construct a railway, to be worked by horse 
power, and to convey passengers over the same, and for such 
toll as may from time to time be established, from a point 
at or near the Schuylkill river, at Gray’s Ferry bridge, as 
they think fit, by a double track along Gray’s Ferry road, 
eastwardly and northeastwardly to the intersection of South 
street; thence by a single track along said South street, east¬ 
wardly to Twenty-first street; thence along said Twenty-first 
street" northwardly to Pine street; thence along said Pine 
street, eastwardly to Second street; thence along said Second 
street, northwardly to Dock street; thence along said Dock 
street, westwardly and northwestwardly to Walnut street; 
thence along said Walnut street, westwardly to Third street; 
thence along said Third street, southwardly to Spruce street; 
thence along said Spruce street, westwardly to Twenty-third 
street; thence along said Twenty-third street, southwardly 
to the intersection of Gray’s Ferry road aforesaid: Provided , 
That the said company, before commencing to run their cars 
upon the said streets, shall purchase the stocks of omnibuses, 
sleighs, horses and harness owned and used upon the Spruce 
street and Pine street lines of omnibuses at the time of the com¬ 
pletion of the said railway, at a price to be assessed in the fol- 


Name. 


Route. 


Purchase 

omnibuses, 


Value of, how 
assessed. 


May hold real 
estate. 


Locomotive s 
not to he used. 

May cross 
other railways 
at grade. 


May conn e c t 
with other rail¬ 
ways. 


Capital stock. 


Ma y issue 
bonds. 


Dividends. 


Proviso. 


Per centage on 
dividends to be 
paid into city 
treasury. 


Proviso. 

To be a trunk 
passenger rail¬ 
way. 

Other railways 
tointersectand 
use. 


Philad’a. $ Gray's Ferry. 176 

lowing manner, to wit: The owners shall choose one disin¬ 
terested person, and the said company shall choose a second 
person, and the two persons thus chosen shall choose a third 
person, whom together shall appraise such said stocks, and 
the value thus arrived at shall be binding and final: and 
the said company shall have the right to purchase real estate 
and to erect thereon such buildings and improvements as may 
be deemed expedient for the purposes of the said company, 
and also to purchase the necessary equipments for said rail¬ 
road. And no locomotive shall be allowed to pass over the 
same, and shall not obstruct the said streets by permitting 
freight cars to pass over any portion of said railway; and 
said companv shall have power to cross wUh their tracks at 
grade, any other lines of railroads, and said company may 
connect with any other railway, for passenger purposes, and 
said railroad shall be of the gauge of five feet two inches : 
Provided , That in running over the roads of other railroad 
companies the company shall conform to the rules and re¬ 
quirements of the company whose road they may occupy, as 
to time and direction of running their cars. 

Section 3. That the capital stock of said company shall 
consist of twenty thousand shares of twenty-five dollars each ; 
and said company shall have power to raise on bonds any 
sum not exeeeding one half of their capital stock for the pur¬ 
pose of carrying out the true intent of this act. 

Section 4. That dividends of so much of the profits of 
said company as may appear advisable to the board of man¬ 
agers, shall be'declared in the months of January and Julv 
in each and every \ ear, and shall be paid at the office of said 
company after ten days from the time of declaring the same : 
Provided , Said dividends shall not in any case exceed the 
amount of the net profits of said company, so that the capital 
stock shall never be impaired thereby ; and the said company 
shall annually pay into the treasury of the city of Philadel¬ 
phia, for the use of said city, whenever the dividends shall 
exceed six per centum per annum on the capital stock, the 
sum of six per centum on the said dividends thus declared : 
And provided, That the said company shall pave and keep in 
good repair such portions of said streets as may be occupied 
by said railway : Provided, That the road hereby authorized 
to be laid out and constructed, shall be a trunk passenger 
railway; and all passenger railway companies now incorpor¬ 
ated, or hereafter to be incorporated, in the city of Philadel¬ 
phia, shall be at liberty to intersect with and use the tracks 


177 Philad'a. $ Gray's Ferry. 

of said company upon such terms as the companies concerned 
may agree upon; and should the companies concerned fail 
to agree upon proper terms, then they shall each appoint one 
disinterested person, who shall be approved of by the court 
of common pleas of said city, and the two thus chosen shall 
choose a third person also disinterested, who shall also be ap¬ 
proved of by said court, and the three thus chosen shall de¬ 
termine on the terms of compensation on which the company 
hereby incorporated shall grant the use of its road to such 
other railway company or any of them. 

Section 5. That the said company shall make and have a 
common seal, and also shall ordain and establish such by-laws 
and regulations as may appear necessary or convenient for 
the government of said company, and not being contrary to 
the constitution and laws of the United States or of this com¬ 
monwealth, and generally to do all and singular the matter 
and things which to them it may lawfully appertain to do 
for the well being of said company, and the due ordering and 
managing of the affairs thereof, in accordance with the pro¬ 
visions of the act regulating railroad companies, approved 
the nineteenth day of February, one thousand eight hundred 
and forty-nine, and the supplements thereto. And at every 
annual election for said president, treasurer and eleven direc¬ 
tors, each share of stock shall entitle the holder thereof to 
one vote: Provided further, That before the said company 
shall use and occupy the said streets, the consent of the coun¬ 
cils of the city of Philadelphia shall be first obtained ; and 
said consent shall be taken and deemed to have been given 
if said councils shall not within thirty days after the passage 
of this act, by ordinance duly passed, signify their disapprov¬ 
al thereof; and the said company shall also be subject to an 
ordinance of the city councils, entitled “An Ordinance to reg¬ 
ulate passenger railways wtihin the city of Philadelphia,” 
approved the seventh day of July, one thousand eight hun¬ 
dred and fifty-seven. 

April 9, 1858. (P. L. 237.) 


Section 1. Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same. 
That the Philadelphia and Gray’s Ferry Passenger Railway 
Company shall have the right to lay a single or double track 
to and from their proposed new depot, when completeu, to 


Upon failure to 
agree upon 
terms, how set¬ 
tled. 


Seal. 

By-laws. 


Subject to. 


Votes. 

Proviso. 


Consent of city 
councils to be 
obtained. 


Subject to. 


Certain exten¬ 
sions and con¬ 
structions o f 
ro id a u t h or- 
ized. 



Time of hold¬ 
ing annual 
meetings 
changed. 


Directors, 
number of. 


Quorum. 


May sell real 
estate. 


Charter made 
perpetual. 


Number of 
shares may be 
reduced. 


Proviso. 


Proviso. 


Philad’a. £ Gray’s Ferry. 178 

intersect with their tracks on Pine, Spruce and Twenty-third 
streets; and shall also have the right of extending their 
track, either on Twenty-first or Twenty-second streets (as 
the board of directors may direct), southwardly to Christian 
street; thence westwardly to the intersection of their track, 
on Gray’s Ferry road, and also the right to form a connec¬ 
tion with the Philadelphia and Darby Railroad Company, 
near Gray’s Ferry bridge, by extending their track over the 
Gray’s Ferry bridge, to a point, along said Philadelphia and 
Darby railroad, at, or near, the Gray’s Ferry depot, upon 
such terms and conditions as the city councils, or such par¬ 
ties as may own, and control, the said bridge, may agree 
upon. 

Section 2. That hereafter, the annual meeting of the 
stockholders, and election of officers of the company, shall be 
held on the third Tuesday of January, in each year, instead 
of the second Monday, as heretofore; and that on, and after, 
that time, the board of directors shall consist of six, instead of 
eleven members, three of whom in connection with the presi¬ 
dent, shall constitute a quorum; or, in the absence of the 
president, four directors shall constitute a quorum to transact 
business. 

Section 3. The said company shall have the right, at any 
time, to sell any real estate they may have, or acquire, over, 
and above, what may be necessary for the construction of 
their depots and stables. The charter of the company shall 
be, and is hereby made, perpetual. 

Section 4. It shall be lawful for the president, and direc¬ 
tors, of the company, to reduce the number of shares, actually 
issued, by substituting full paid shares, in proportion to the 
instalments actually paid in, so that the certificate for each 
share of stock, hereafter issued, shall represent twenty-five 
dollars of the capital paid in: Provided , That the right to 
issue the whole, or any part of the whole, of the number of 
shares authorized to be issued by the charter, shall not be 
thereby impaired: And provided also , That the tax on divi¬ 
dends to be paid to the city of Philadelphia, shall not 
thereby be increased ; and it is hereby declared to be the true 
intent, and meaning, of the act of incorporation in reference 
thereto, and the same shall be so construed as to apply to 
the authorized capital of the company. 

April 29, 1864. (P. L. 662.) 


179 PhilctcTa Gray’s Ferry. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the third section of the act of assembly, to which this 
is a supplement, shall be and the same is hereby so amended, 
that the word “ fifty” shall be substituted in lieu of the word 
u twenty-five,” and that the par value of the shares of the 
capital stock, authorized in said section, shall be fifty dollars 
each. 

April 13, 1866. (P. L. 891.) 


ORDINANCE. 

Whereas, By the provisions of the Act of Assembly, ap¬ 
proved April 9, 1858, entitled “An Act to incorporate the 
Philadelphia and Gray’s Ferry Passenger Railway Company,” 
and of a certain other Act of Assembly, approved April 10, 
1858, entitled “An Act to incorporate the Second and Third 
street Passenger Railway Company of Philadelphia,” and of 
a certain other Act of Assembly, approved April 10, 1858, 
entitled “An Act to incorporate the North Branch Passenger 
Railway Company of the city of Philadelphia,” and of a cer¬ 
tain other Act of Assembly, approved April 13,1858, entitled 
“An Act to incorporate the Fairmount Passenger Railroad 
Company,” and of a certain other Act of Assembly, approved 
April 9, 1858, entitled “A further supplement to an Act to 
incorporate the North Philadelphia Plank Road Company 
and for other purposes,” the right is reserved to the City 
Councils to disapprove of the said Acts of Assembly, respec¬ 
tively, and of the right therein, respectively granted to the 
said companies to occupy the streets and highways of the 
said city therein, respectively, within thirty days from the 
passage of the said Acts of Assembly ; therefore, 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That in pursuance of the power 
and authority in them vested by the said Acts of Assembly, 
Councils do hereby declare their disapproval of each and 
every of the said Acts of Assembly in the above preamble 
mentioned, and of the rights therein respectively granted to 
“The Philadelphia and Gray’s Ferry Passenger Railway 
Company,” “ The Second and Third Street Passenger Rail¬ 
way Company of Philadelphia,” “ The North Branch Pas- 


Amendment. 


Preamble. 


Disapproval of 
certain legisla¬ 
tion. 



180 


Con d i t i o n s 
under which 
disapproval to 
cease. 


Corporators. 


Style. 


Subject to. 


Phil ad? a. $ Olney . 

senger Railway Company of the City of Philadelphia,” 
“The Fairmount Passenger Railway Company,” and “ The 
North Philadelphia Plank Road Company,” to occupy the 
streets and highways of the City of Philadelphia. 

Section 2. That if any company in the said preamble 
named shall, within ninety days from the passage of this or¬ 
dinance, and before such company shall occupy any of the 
said streets or highways, file in the office of the City Solic¬ 
itor a written obligation, sufficient in law, to bind said com¬ 
pany to observe and be subject to all ordinances of the City, 
in relation to Passenger Railways then in force, and there 
after to be passed, then the provisions of the first section of 
this ordinance as to each and every such company as shall 
file such written obligation, as aforesaid, shall cease to have 
effect. 

April 16,1858. (Ords. 143.) 


PHILADELPHIA AND OLNTCY RAILROAD 
COMPANY. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That Samuel C. Ford, John P. Verree, John Landell, John Tur¬ 
ner, Charles Robbins, John Roberts, Joseph T. Ford, Thomas 
Drake, Charles Cambios, Thomas E. Potter, James Lynd- 
Henry Simons, Isaac Norris, Samuel Wright, Joshua Lip- 
pincott, George P. Evans, James N. Dickson, John Hough, 
ton, M. D., are hereby appointed commissioners to open 
books, sell stock, and organize a corporation, to be called the 
Philadelphia and Olney railroad company, with all the rights 
and privileges, and subject to all the conditions and restric¬ 
tions conferred or imposed by an act to regulate railroad com¬ 
panies, approved the nineteenth day of February, Anno 
Domini one thousand eight hundred and forty-nine, and the 
supplements thereto, and with all the rights and privileges 
enjoyed by any railroad company now incorporated, or which 
may hereafter be incorporated, located in the city of Phila¬ 
delphia: Provided , That this company shall not alter the 


Proviso. 




181 


Philcid’a. $ Olney. 

grade of any road or street over which the same shall be con¬ 
structed, unless authorized to do so by the board of surveys 
of the city of Philadelphia. 

Section 2. That the said Philadelphia and Olney railroad 
company are hereby authorized and empowered to construct 
a railway, of the same gauge as the present passenger rail¬ 
ways in the city of Philadelphia, of one or more tracks, from 
Lehigh avenue to the village of Olney, in the Twenty-second 
ward of the city of Philadelphia, with the right to extend 
the same to the village of Fox-chase, in the Twenty-third 
ward of said city, either on, over and upon the line of the 
Kensington and Oxford turnpike road, or any part thereof, 
or by, along or over any route between said road and Seventh 
street, and to connect their said railroad either with the Sec¬ 
ond and Third Street railroad or the Frankford and South¬ 
wark City Passenger railroad, and for that purpose to use 
any street or streets of the said city of Philadelphia, in man¬ 
ner and form as provided by the fourth section of an act, en¬ 
titled “An Act to incorporate the Second and Third Street 
Passenger railway company,” approved the tenth day of 
April, Anno Domini one thousand eight hundred and fifty- 
eight : Provided however , That before the said railroad com¬ 
pany shall take possession of, or occupy the whole or any por¬ 
tion of the said turnpike road, the consent of a majority of 
the stockholders thereof shall be first had and obtained 
thereto. 

Section 3. That the capital stock of said company shall 
consist of two thousand shares, of the par value of twenty-five 
dollars each : Provided , That the said company may from 
time to time, by a vote of the stockholders at any general or 
special meeting, increase the capital stock to an amount not 
exceeding four thousand shares, if it should be deemed neces¬ 
sary for the purpose of completing and equipping the said 
railroad ; and the said company shall have the power to bor¬ 
row any sum of money, not exceeding in amount the one-half 
of their capital stock, at a rate of interest not exceeding seven 
per centum per annum, and to secure the payment of the 
same by the execution of a bond and mortgage of the said 
railroad, together with the corporate rights and franchises 
granted by this act, and to annex to the said bond and mort¬ 
gage, the privilege of converting the same into the capital 
stock of said company, at par, at the option of the holders, if 
they shall signify their election so to do at any time previous 
to one year before its maturity, and to issue certificates of 


Powers. 


Route, &c. 


Subject to. 


Proviso. 


Capital stock. 


Increase of. 


May borrow 
money. 


Issue bonds 
and execute 
mortgage. 


182 


Tolls. 


Authorized to 
commence 
construction of 
road, &c. 


Proviso. 


Proviso. 


Ext ending 
time for com¬ 
pletion of road. 


Philad’a. $ Olney. 

loan of a denomination not less than one hundred dollars, se¬ 
cured by said bond and mortgage. 

Section 4. That when the said railroad, or any part or 
parts thereof, shall have been constructed and completed, the 
said company shall be authorized to charge and receive as 
tolls for the carriage of passengers, not more than ten cents 
for each passenger conveyed three miles, or any distance un¬ 
der three miles, and for any distance beyond three miles, at 
the rate of not more than three cents per mile, all fractional 
parts of a mile being considered and charged as one mile. 

April 1, 1859. (P. L. 462.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the said the Philadelphia and Olney Railroad Company 
is hereby authorized to commence the construction of their 
road at Sixth and Diamond streets, and from time to time, 
as their means will permit, to construct and use the same 
northward of said point, with the privilege of ten years from 
the passage of this act to complete their said railroad north¬ 
ward and southward to the respective termini mentioned in 
the act to which this is a supplement: Provided , That until 
Fifth street is opened and in public use, from Freetown lane 
to Wyoming avenue, the said company may occupy and use 
said Nicetown lane and Woodpecker lane to the intersection 
of the latter with Second street: And provided further , That 
nothing herein contained shall be so construed as to author¬ 
ize the said company to exceed the limits of the route al¬ 
lowed them by the act to which this act is a supplement. 
May 16,1861. (P. L. 696.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the said, the Philadelphia and Olney Railroad Com¬ 
pany, is hereby authorized to commence the construction of 
their road, at any time, within two years from the passage 
of this act, and finish, and use, the same, and exercise, and 
enjoy, their corporate franchises, as fully as if the said road 
had been commenced, within the time limited by the nine- 




183 


Ridge Avenue . 

teenth section of the. act of assembly, approved the nine¬ 
teenth day February, in the year of our Lord one thousand 
eight hundred and forty-nine. 

March 30,1864. (P. L. 141.) 


RIDGE AVENUE PASSENGER RAILWAY CO.. 
Ridge Avenue and Manayunk Passenger Railway Co. 
{See also Girard College Passenger Railway Company .) 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That John Lambert, Joseph Ripka, Charles T. Jones, James 
F. Nicholas, Charles E. Graeff, Jacob Esher, Nathan L. 
Jones, Daniel Arbuckle, John F. Preston, John Bouker, Doc¬ 
tor William M. Uhler, Robert F. Taylor, Henry Croskey, 
Joseph A. Clay, John S. Nickolas, Robert Hutchinson, John 
Anspach, Junior, Samuel Gorgas, H. R. Coggshall, William 
O. Kline, William P. Hacker, Joseph Evans, John Welsh, 
John Billington and Frederick Steaver, or a majority of them, 
are hereby appointed commissioners to open books, receive 
subscriptions and organize a company under the provisions 
of the general railroad law of one thousand eight hundred 
and forty-nine, and the supplements thereto, by the name, 
style and title of the Ridge Avenue and Manayunk Passen¬ 
ger railroad company, and as such, shall have power to lay 
out and construct a railway in the city of Philadelphia, from 
or near Girard college, by the Ridge Avenue and Manayunk 
turnpikes or Shur’s lane, to Manayunk and Roxborough, with 
the right to construct a double or single track on said turn¬ 
pike road, and shall have power to convey passengers over 
the same; and the said company shall have the right to pur¬ 
chase real estate and to erect thereon such buildings and im¬ 
provements as may be deemed expedient and necessary for 
the purposes of said company, and also to purchase the neces- 
sgjy equipments for said railway; and no freight or burden 
trains or locomotives shall be permitted to pass over the 
same ; Provided , That the said company, before commencing 
to build the said road, shall purchase of the said Ridge turn¬ 
pike company and Manayunk turnpike company, the right 


Commissioners 


Subject to. 
Style. 

Route. 

May hold real 
estate, &c. 

Proviso. 




184 


Ridge Avenue. 

To purchase of way over their respective turnpike roads, at a price to be 
certain* w turn- assessed and determined as follows: The said turnpike com- 
pikecompanies panies shall together choose one disinterested person as re¬ 
feree, and the said railway company an other disinterested 
person as referee, who shall fix upon the said price for such 
assessed 8 ’ how respective rights of way; and the two thus chosen, in case of 
difference of opinion, shall choose a third person as umpire, 
and the price so fixed by the said two referees, or by a maj¬ 
ority of the said referees and umpire, in case of difference of 
opinion as aforesaid, shall be final, conclusive and binding 
upon the said turnpike companies and the said railway com¬ 
pany ; and the said turnpike companies are hereby author¬ 
ized, directed and empowered to appoint such referee under 
resolutions of meetings of the respective stockholders, to be 
Proviso. convened for such purpose : And'provided further. That the 
said companies respectively are hereby authorized and em¬ 
powered to such right of way to the said railway company, 
in fee, before the payment of the said prices respectively ; 
which conveyance and payment of price may be enforced by 
any court of the city and county of Philadelphia, having the 
power of a court of equity, upon a bill to be filed for that 
purpose. 


Capital stock. 
Proviso. 


Proviso. 


Section 2. That the capital stock of said company shall 
consist of five thousand shares of fifty dollars each : Provided , 
That said company may, from time to time, by a vote of the 
stockholders, at a meeting convened for that purpose, in¬ 
crease the capital stock as much as in their opinion may be 
necessary to complete said railway or railways, and to carry 
out the true intent and meaning of this act: Provided , That 
the whole number of shares shall not exceed ten thousand. 


Section 8. That dividends of so much of the profits of said 
company, as shall appear advisable to the directors, shall be 
declared in the months of January and July in each year, 
and be paid at the office of said company, any time after ten 
days from the time of declaring the same ; but said dividends 
shall at no time exceed the amount of the net profits of said 
company, so that the capital stock shall never be impaired 
thereby; and if said directors shall make any dividend im¬ 
pairing the capital stock of said company, the directors con¬ 
senting thereto shall be liable in their individual capacities, 
to said company for the amount so divided ; and each direc¬ 
tor present when such dividend shall be declared,, shall be 
considered as consenting thereto, unless he or they enter pro- 


185 Ridge Avenue. 

test upon the minutes of the board and give public notice of 
the same. 

Section 4. That the said company shall make and have a |® a1, by ' laws ’ 
common seal, and the same to alter and renew at pleasure, 
and also to ordain and put in execution such by-laws, ordi¬ 
nances and regulations, as shall appear necessary or convenient 
for the government of said corporation, and not being con¬ 
trary to the constitution and laws of the United States or of 
this commonwealth, and generally to do all and singular the 
matters and things which to them it shall lawfully appertain 
to do for the well-being of said corporation and the due or¬ 
dering and managing of the affairs thereof. 

Section 5. That the said company shall have power to officers, 
elect or appoint a president and ffve directors, a majority of 
whom, with the president, shall be citizens of Philadelphia, 
and such other officers as may be deemed necessary or ex¬ 
pedient ; and in every election for officers, each share of 
stock shall entitle the holder to one vote. 

Section 6 . That the said company shall have power to^ d y issue 
raise on bonds any sum not exceeding one-half of their capi¬ 
tal stock, for the purpose of carrying out the true intent of 
this act: Provided , That no bond shall be issued for a less Proviso, 
amount than one hundred dollars. 

Section 7. That said railway company shall not connect ^/any other 
with any railroad other than for passenger purposes, and of than passenger 
the same gauge, under a penalty of the forfeiture of their iai ways * 
charter; and the said company shall annually pay into the 
treasury of the city of Philadelphia, for the use of said city, 
whenever the dividends shall exceed six per centum per an¬ 
num on the capital stock, the sum of six per centum on the 
said dividends thus declared: Andprovided furthev, That the Proviso, 
city councils may, from time to time, by ordinance, establish 
such regulations in relation to said rail way, as may be required 
for the paving and the laying of gas and water pipes in and 
along said streets, and to prevent obstructions thereon. 

Sections. That said company, in constructing said road, £° r ^i 0 s m oi 
shall conform to the grades now established, or hereafter to streets, 
he by law established, of the several streets and avenues tra¬ 
versed by said road, and keep said roads and avenues in per¬ 
petual good repair, at the proper expense of said company; 


186 


Authorized to 
extend tracks, 
etc. 


Extending 
time for pay¬ 
ment of tax. 


Authorized to 
lay track. 


Ridge Avenue . 

and shall moreover be subject to all ordinances of the city 
councils heretofore or hereafter to be passed, regulating city 
passenger railways. 

March 28,1859. (P. L. 264.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same , 

That the Ridge Avenue and Manayunk Passenger Railway 
Company shall have power to extend their track from Ridge 
avenue along Columbia avenue to Seventh street, and thence 
along Seventh street to Master street, with such sidelings as 
the board of directors of said company may deem necessary 
for the proper use of said track. 

November 27,1865. (P. L. 1868,1187.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in Genercd As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the time for paying the enrolment tax on an act, en¬ 
titled “A supplement to an act to incorporate the Ridge 
Avenue and Manayunk Passenger Railway Company, au¬ 
thorizing said company to extend their tracks on certain 
streets, approved the twenty-seventh day of November, one 
thousand eight hundred and sixty-five, be, and the same is 
hereby extended for the period of six months from the pas¬ 
sage of this act. 

March 25, 1868. (P. L. 471.) 


Section 1. Be it enacted , $c., That the Ridge Avenue and 
Manayunk Passenger Railway Company shall have author¬ 
ity and are hereby authorized to lay and use a track from 
Columbia avenue to Twenty-second street; thence along 
Twenty-second street to Master street, and thence along 
Master street to Seventh street. 

May 3,1869. (P. L. 1873, 940.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority of the same , 






187 


Ridge Avenue . 

That the Ridge Avenue and Manayunk Passenger Railway Authorized to 
Company be and they are hereby authorized to lease their lease roa(1 
road and appurtenances, real and personal property, corpor¬ 
ate rights and franchises, or either of them, in whole or part, 
upon such terms and conditions as they may deem proper, to 
any railroad or railway company incorporated by or under 
the laws of this commonwealth, and to sell and convey, in fee jgdto seUreal 
simple, or for any less estate, the whole or any portion of a e ‘ 
their real estate in the city of Philadelphia, either to such 
railroad or railway company, or to any person or persons; 
and it shall or may be lawful for any such railroad or rail¬ 
way company aforesaid to lease the same, and to purchase 
and hold, and sell and convey, in like manner the said real 
estate. 

February 18, 1870. (P. L. 171.) 


Whereas, The Girard College Passenger Railway Com- Preamble, 
pany, and the Ridge Avenue and Manayunk Passenger * 

Railway Company, have recently become consolidated under 
the provisions of the laws of this commonwealth in such 
cases made and provided, and now form one corporation by 
virtue thereof, under the name of the Ridge Avenue Passen¬ 
ger Railway Company; therefore, 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the said the Ridge Avenue Passenger Railway Com- May use^raii 
pany shall and may have, use and maintain the railways soiidatcci cor! 
which were of the said corporation so consolidated, as they poratlon - 
are now laid, constructed and used, and as the said the Girard 
College Passenger Railway Company, and the said the Ridge 
Avenue and Manayunk Passenger Railway Company, before 
their consolidation, were authorized to lay and construct by 
their respective charters, or any supplements thereto; and 
the said consolidated company shall also have the right to 
hold the real estate which vested in them by virtue of the 
said consolidation, and to purchase and hold other real 
estate, and to erect thereon such buildings and improvements 
as may be deemed expedient for the purposes of the said 
company, and also to purchase the necessary equipments for 
the said railway; and no freight or burden trains shall be Prohibition, 
permitted to pass over the same. 



188 


Capital Stock. 


Dividends. 


Seal, by-laws, 
etc. 


Officers. 


Votes. 


Ridge Avenue. 

Section 2. That the capital stock of the said company 
shall consist of twelve thousand shares, of the par value of 
fifty dollars each: Provided , That the said company may 
from time to time, by a vote of the stockholders, at a meet¬ 
ing convened for that purpose, increase their capital stock as 
in their opinion may be necessary for the purposes of the 
said company. 

Section 8 . That dividends of so much of the profits of the 
said company, as shall appear advisable to the directors, 
shall be declared by the said directors, at such time or times 
as they may deem expedient, and be paid at the office of the 
said company at such times as the said directors may desig¬ 
nate ; but the sum divided shall in no case exceed the amount 
of the net profits of the said company, so that the capital 
stock shall not be impaired thereby : Provided always , That 
the said company shall annually pay into the treasury of the 
city of Philadelphia, for the use of the said city, a tax of six 
per centum upon so much of any dividend declared which 
may exceed six per centum upon their said capital stock; 
and if the said directors shall make any dividend impairing 
the capital stock of the said company, the directors consent¬ 
ing thereto shall be liable, in their individual capacities, to 
the said company for the amount so divided, and each di¬ 
rector present, when such dividend shall be declared, shall 
be considered as consenting thereto, unless he or they enter 
their protest upon the miuutes of the board. 

Section 4. That the said company shall make and have a 
common seal, and the same to alter and renew at pleasure, 
and also ordain, establish, and put in execution such by-laws, 
ordinances and regulations as shall appear necessary and 
convenient for the government of said corporation, and not 
contrary to the constitution and laws of the United States or 
of this commonwealth, and generally shall have power to do 
all and singular the matters and things which to them it 
shall lawfully appertain to do for the well-being of the said 
corporation, and the due and proper ordering and managing 
of the affairs thereof. 

Section 5. That the said company shall have power to 
elect and appoint a president and five directors, a majority 
of whom, with the president, shall be citizens of Pennsylva¬ 
nia, and such other officers as may be deemed necessary or 
expedient; and in every election for officers, each share of 
stock shall entitle the holder to one vote. 


189 


Bulge Avenue. 

Section 6. That the said company shall have power to May raise 
raise on bonds, secured by mortgage on the rights and prop- "ond S . ey on 
erty of the said corporation, any sum not exceeding one-half 
of their capital stock, for the purposes of the corporation: 

Provided , that no bonds shall be issued for a less amount 
than one hundred dollars. 

Section T. That the said railway company shall not con- Connections, 
nect with any railroad other than for passenger purposes, 
and of the same s;au 2 ;e. 

Section 8. All provisions in the charters of the two com- Repeal, 
panies so consolidated as above recited, not included in this 
act, are hereby repealed: Provided always , That any sup- proviso, 
plements to the said charters, which may have been hereto¬ 
fore granted, shall be and remain in full force and virtue, and 
enure to the said the Ridge Avenue Passenger Railway Com¬ 
pany, consolidated as aforesaid. 

March 8, 1872. (P. L. 264.) 


Section 1. Be it enacted , tfc., That all and singular the ^“frfcer- 
provisions of an act to repeal an act, entitled “ An act to tain parts of 
protect the health of the citizens of the City of Philadelphia, 10<l 
approved the seventeenth day of April, one thousand eight 
hundred and sixty-nine,” so far as relates to the Prank- 
ford and Southwark Passenger Railway and the Second and 
Third Streets Passenger Railway, approved October third, 
one thousand eight hundred and seventy, and extended to 
the West Philadelphia Passenger Railway, Philadelphia 
City Passenger Railway, and the Hestonville, Mantua and 
Fairmount Passenger Railway, by an act approved March 
twentieth, one thousand eight hundred and seventy-two, be 
and the same are hereby extended to the Ridge Avenue Pas¬ 
senger Railway Company, and the said company are hereby 
fully authorized to use and employ salt in cleaning their 
track from ice and snow, from Manayunk southward to Sus¬ 
quehanna avenne. 

March 7, 1873. (P. L. 218.) 



Roxborough. 190 

ROXBOROUGH PASSENGER RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the 'Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and, it is hereby enacted by the authority of the same , 
commissioners That Charles Thomson Jones, J. V. Merrick, N. L. Jones, 
Charles E. Graff, Alexander Lackey, T. Mason Mitchell, Mi¬ 
chael Wartman, John B. Meyer, Jacob S. Fry, W. Hamilton, 
James Lees, Michael Righter, Robert M. Carlisle, Matthew 
Pester, John H. Harmer, Michael Blim, their associates, suc¬ 
cessors or assigns, be and they are hereby constituted a body 
politic and corporate with perpetual succession, by the name, 
Title. style and title of the Roxborough Passenger Railway Com¬ 

pany, and as such shall have the right to lay out and con- 
con^truc ti on struct a railway, with one or more tracks, with turnouts and 
thorfzedf y au * sidings, from Wissahickon station, Norristown railroad, to 
Sorrel Horse tavern, Ridge avenue, above ninth mile stone, 
and to carry passengers along such route and streets as may 
be used by said railway ; and they shall have the right to 
Rates of fare, charge such rates of fare as the directors of said company 
may from time to time determine upon, and to equip said 
buUdings 1 etc 6 ’ roac ^ anc ^ to purchase, hold and convey such real estate, and 
erect thereon such buildings and improvements as may be 
right of C way S of necessary for the purpose contemplated in this act: Provided , 
Ridge Turn - That the said company, before commencing to build the said 
P i e ompany. rQa( ^ s p a q p Urc h ase of the Ridge Turnpike Company the 
right of way over their turnpike road at a price to be assessed 
Price, how de- and determined as follows: The said railway company and 
the said turnpike company shall each choose one disinterested 
person as referee, who shall fix upon the price of said right 
of way ; in case of any difference of opinion, the person so 
chosen shall select a third person as umpire, and the price so 
fixed by said referees, or in case of a difference of opinion, by 
said referees and umpire, shall be final, conclusive and bind¬ 
ing upon said turnpike company; and the said turnpike 
company is hereby authorized, directed and empowered to 
appoint such referee, under resolution, at a meeting of the 
stockholders called for such purpose. 

Capital stock. Section 2. That the capital stock of this company shall 
consist of five hundred shares of fifty dollars each, with the 
privilege of increasing the same from time to time as the di- 



191 Roxborough. 

rectors may determine ; and that said company shall have 
power to borrow money in any amount not exceeding one 
half of its authorized capital stock, and for the purpose of se¬ 
curing the re-payment of the same, with such interest as may 
be agreed upon, to issue bonds and secure the same by mort¬ 
gage or otherwise: Provided however, That no bond shall be 
issued for a less sum than one hundred dollars, against the 
collection of which no plea of usury can be interposed. 

Section 3. That the parties hereinbefore named, or any 
three of them, may proceed with or without notice to organ¬ 
ize said company and obtain subscriptions to the capital stock 
thereof; and after ten per centum has been subscribed and 
five per centum paid in on said subscriptions to the attend¬ 
ing commissioners aforesaid, the subscribers may proceed to 
elect a board of five directors, to serve until the first Tuesday 
in November following, or until their successors are elected ; 
and the stockholders shall annually thereafter, on the first 
Tuesday in November, elect a similar board of five directors, 
to serve for one year, or until their successors are elected'; 
and if for any reason said election shall not be held at the 
time indicated, then another shall be appointed by the direc¬ 
tors, after public notice of two weeks has been given in one 
newspaper published in the county ; and the directors shall 
have power to fill all vacancies in the board from death, res¬ 
ignation or otherwise; but no person shall act as director 
who is not a stockholder. 

Section 4. That said directors shall have power to appoint 
a president, treasurer and such other officers as they may 
deem necessary ; and in all elections for directors, and at 
other meetings of stockholders, each share shall entitle the 
holder thereof to one vote, but no stockholder or assignee 
shall vote upon any share of stock on which an instalment is 
due and unpaid. 

Section 5. That the company may commence said railway 
at any time within three years from the passage of this act, 
the completion of any one mile thereof perpetuating all the 
right hereby granted. 

April 15, 1869. (P. L. 1032.) 


May borrow 
money and is¬ 
sue bonds. 


Proviso. 


Organization. 


Election of di¬ 
rectors. 


Failure to bold 
election at 
time fixed. 


Vacancies. 


Officers. 


Votes. 


Com men ce¬ 
ment. 


192 


Commissioners 


Style. 


Eoute with 
single track. 


Second $ Third . 

SECOND AND THIRD STREET PASSENGER RAIL¬ 
WAY COMPANY OF PHILADELPHIA. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted, by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same, 
That John Robbins, Junior, James Yerree, Samuel Megar- 
gee, William 0. Kline, Anthony Miskey, Paul J. Field, 
Hugh O’Donnell, M. S. Buckley, John P. Yerree, James Y. 
Watson, George Read, Curwin Stoddart, Peter Rambo, John 
H. Bringhurst, Henry Crilley, Henry Bumm, John K. Gam¬ 
ble, L. D. Anderson, John Horn, Henry Nichols Marseles, 
Joseph P. Laughead, Harry Connelly, John F. Maescher, Lam¬ 
bert Towns, B. F. Hart, William A. Mitchell, A. A. Gregg, 
Harry Conrad, Stephen Robbins, George Fisher, Jacob Jones, 
John Dorian, Lewis Wunder, Charles D. Robbins, Alexan¬ 
der Cummings, Daniel M. Fox, George Earp, Edward S. 
Lawrence, Henry Bickley, W. P. Cooper, E. Cameron, Jo¬ 
seph Lingerly, John M’Gregor, J. E. Ridgway, Samuel S. 
Northam, Thomas W. Higgins, John O’Brien, Francis 
M’Manus, Charles Harlan, Ferdinand Geisler, Dendy Shar- 
wood, William H. Kichline, Henry Gerker, Jacob Bender, 
Andrew M’Bride, Robert Kelton, Robert Cabeen, Samuel B. 
Jones, William Read, Lewis Shinnick, John Blair, Thomas 
J. Potts, Charles S. Peall, Charles E. Roberts, Richard M. 
Berry, Charles Doran, H. R. Cogshall, George H. Hart, John 
Anspach, Junior, Joseph Glenat, Henry K. Strong, Joseph 
B. Myers, or a majority of them, be and they are hereby con¬ 
stituted and appointed commissioners to open books, receive 
subscriptions and organize a company, by the name, style and 
title of the Second and Third Street Passenger railway com¬ 
pany of Philadelphia, with power and authority to lay out 
and construct a railway, commencing at Third and Dock 
streets, extending northwardly along Third street to Brown 
street, along Brown to Beach street, along Beach to Maiden 
street, along Maiden street or the opening north of the pub¬ 
lic square to Frankford road, along Frankford road to Queen 
street, along Queen to Richmond street; thence along Rich¬ 
mond street to Allegheny avenue, and returning along Rich¬ 
mond to Norris street, along Norris street to Franklin ave¬ 
nue, along Franklin avenue to Second street, along Second 
street to Mifflin street, southward along Mifflin street to 



193 


Second $ Third . 

Third street, and along Third street to Dock street, with the 
right to extend the said railway from Third and Brown 
streets northwardly, along Third street to Germantown road, 
along Germantown road to Oxford street, along Oxford east- 
wardly to Third street, along Third street to Norris street, 
along Norris street to Second, and along Second street to 
Franklin avenue, also diverging at Frankford road and 
Franklin avenue; thence along Frankford road to the foot 
of Queen street, with a single track; from thence along 
Frankford road, with a double track to Maiden street; thence 
along Maiden street with a single track to Penn street; thence 
along Penn street to Coates ; and thence along Coates street 
to Second street, to connect at Second street with the main 
track, and with the further right to extend the said railway 
from Frankford road and Queen street northwardly along 
Frankford road to Amber street, southwardly along Amber 
street to Front street, and along Front street to Franklin ave¬ 
nue, or along such other streets east of Third street, as the 
councils of the city of Philadelphia may authorize for the 
purpose of carrying out the object of this act, with a single 
track on each of said streets except Richmond street, which Double track, 
may have a double track east of Norris street and Frankford 
road, which may have a double track north of Franklin ave¬ 
nue with the privilege of extending the same north and south 
along Third and Second streets and Jefferson avenue, and ex ' 

eastwardly along Richmond street and Frankford road, to 
any point within the city limits, as public convenience may 
from time to time require, subject to all the provisions and Subject to. 
restrictions of an act regulating railroad companies, approved 
the nineteenth day of February, one thousand eight hundred 
and forty nine, and the several supplements thereto, so far as 
the same are not altered or supplied by this act; and also to 
an ordinance of the city councils, entitled “ An Ordinance to 
regulate passenger railways within the city of Philadelphia/’ 
approved the seventh day of July, one thousand eight hun¬ 
dred and fifty-seven: Provided , however , That nothing con¬ 
tained in this act shall be construed to authorize the con¬ 
struction of a double track on Second and Third streets, or 
on Frankford road north of Franklin avenue. 


Section 2. That the capital stock of the said company con- capital stock, 
sist of five thousand shares of fifty dollars each: Provided , 

That the said company may from time to time, by a vote of 
the stockholders, at a meeting called for that purpose, in¬ 
crease the capital stock, if it should be deemed necessary, to 


194 


Second $ Third. 


an amount not exceeding ten thousand shares, for the purpose 
of completing and equipping the railway ; the said company 
May Dor row shall have the power of borrowing any sum not exceeding in 
amount the one half of their capital stock, at a rate of interest 
not exceeding seven per centum per annum, and to secure the 
Mayissuebond payment of the same by the issue of a bond and mortgage of 
and moitgage. sa id railroad, together with the corporate rights and 
franchises granted by this act, and fo annex to the said bond 
and mortgage the privilege of converting the same into the 
capital stock of the said company, at par, at the option of 
the holders, if they shall signify their election one year be- 
Proviso. fore their maturity: Provided also , That the said company 
shall issue no certificate of loan of a less denomination than 
one hundred dollars. 


Not to use io- Section 3. That the said railway company shall not use a 
comotives. locomotive for the purpose of transporting cars over their 
road, under the penalty of a forfeiture of their charter ; and 
whenever the said company shall declare dividends exceed¬ 
ing the rate of six per centum per annum, in addition to any 
tax imposed by general laws of their capital stock, they 
shall pay into the treasury of the city of Philadelphia, for 
Percentage on the use of the said city, a tax of six per centum per annum 
palftto^ity on the excess of dividend above said rate of six per centum 
treasury. p er annum ; and the said company, before commencing to 
Purchase of use the said road, upon said streets, shall purchase, at theop- 
ommbuses, &c. tion 0 f the owners, the stock of horses, omnibuses, sleighs and 
harness, owned and used upon the said streets, at the time of 
commencing the said road, at a price to be assessed by three 
disinterested persons, to be appointed in the following man- 
vaiue of, how ner: The said owners shall choose one disinterested person, 
and the said company shall .choose a second person, and the 
two thus chosen shall choose a third, who also shall he a dis¬ 
interested person, and the three shall appraise such stock, 
and the value thus arrived at shall be binding and final 
upon both parties; and said appraisers shall be sworn to 
faithfully perform all the duties incident to said appoint¬ 
ment, and who shall make the appraisement within thirty 
days from the time of their appointment. 


Consent of city 
councils to be 
obtained. 


Section 4. That before the said railway company shall 
commence to use the said streets, the consent of the councils 
of the city of Philadelphia shall be first obtained, and said 
consent shall be taken and deemed to have been given, if said 
councils shall not within thirty days after the passage of this 
act, by ordinance duly passed, signify their disapprobation 


195 


Second $ Third. 

thereof; and the said councils may from time to time, by 
ordinances, establish such regulations in regard to said rail¬ 
way as may be required for the purpose of paving, re-paving, 
grading, culverting and laying gas and water pipes in and 
along said streets, and to prevent obstructions thereon; and 
that the said company, in constructing said road, shall con¬ 
form to the grades, established by councils, of the several 
streets and avenues traversed by said railway, and keep said 
streets in* perpetual good repair, at the proper expense of the 
said company. 

Section 5. That the said railway company shall have the 
right to cross at grade any railroad that is now, or that may 
hereafter be built within the limits of the city of Philadel¬ 
phia, and to connect with any other passenger railway within 
the said city. 

Section 6 . That it shall be the duty of said company, at 
every point of crossing at grade any railroad, upon which 
locomotive steam engines are employed, to have flagmen sta¬ 
tioned, and use all the precautions and means of safety, 
excepting the gates that are provided in the supplement to 
an act to the Philadelphia and Delaware River railroad com¬ 
pany, authorizing said company to cross the Philadelphia and 
Reading railroad at grade at Frankford avenue; and the 
company hereby incorporatd shall be subject to the penal¬ 
ties in said supplement provided for the Philadelphia and 
Delaware railroad company. 

Section 7. That said railway, on the route described, shall 
be subject to the use of any part or parts thereof, by any 
other passenger railway company, for the purpose of making 
a route or completing a circuit, upon such conditions as may 
be agreed upon by such other company and the said Second 
and Third Street Passenger railway company ; and in case 
the companies cannot agree, then upon such terms and con¬ 
ditions as shall be prescribed by the councils of the city of 
Philadelphia. 

April 10,1858. (P. L. 240.) 


Section 1. Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That the capital stock of the Second and Third Street Pas¬ 
senger railway company of Philadelphia, shall be increased 


Paving, re-pav¬ 
ing, grading, 
&c. 


May cross 
other railways 
at grade. 


Flagmen. 


Subject to. 


Subject to the 
use by any 
other passen¬ 
ger railway. 


Term s t o b e 
prescribed by 
city councils. 


Capital stock 
may be i n- 
creased. 



196 


Proviso. 


Required to ex¬ 
tend road. 


Repeal of sec¬ 
tion author¬ 
izing: other 
companies t o 
use their road. 


Proviso. 


Authorized to 
take up cer¬ 
tain part of 
track and ex¬ 
tend road on 
Second street. 


May issue new 
stock to 
amount of 
bonds re¬ 
deemed. 


Second § Third. 

to ten thousand shares of fifty dollars each, to be issued in 
such manner as the board of directors shall deem best for the 
interests of the company: Provided , The stockholders shall 
accept this amendment to their charter within thirty days 
after the approval thereof. 

Section 2. That the company shall be required within 
sixty days from the passenge of this act, to extend t>heir road 
from the Reading railroad to Allegheny avenue; and shall 
also extend said road from Allegheny avenue, along Rich¬ 
mond street and Point road, to within two hundred feet of 
the bridge over Frankford creek in Bridge street, in Brides- 
burg, in the Twenty-third ward, with a single track, within 
nine months after the passage of this act. 

April 13, 1859. (P. L. 558.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in Geperal As¬ 
sembly met , and it is hereby enacted by the authority of the same, 
That so much of the provisions of the said act to which this 
act is a further supplement, and of any other act of Assem¬ 
bly, as may be construed to authorize any other railroad 
company to use or run their cars over or upon the railroad 
of the said Second and Third Street Passenger Railway 
Company of Philadelphia, without their consent, be and the 
same is hereby repealed: Provided , That nothing herein 
contained shall be so construed as to affect any rights that 
the Fairmount and Arch Street Passenger Railway Com¬ 
pany, or the Fairmount Passenger Railway Company, now 
have to use said Secbnd and Third Street Passenger Railway 
track, nor the corporate rights and privileges of the Gfreeu 
and Coates Street Philadelphia Passenger Railway Company. 

Section 2. That the said railway company be and are 
hereby authorized to take up their railway track now laid 
on Third street, from Oxford street to Norris street, and to 
discontinue the use thereof; and that the said company be 
and are hereby authorized to lay out, construct, continue 
and extend their said railway on Second street, northward, 
along the said Second street, from Norris street to Lehigh 
avenue, in the city of Philadelphia. 

Section 3. That in all cases where the said railway com¬ 
pany has redeemed, or shall hereafter redeem, any of its 



197 


Second $ Third. 

bonds, it shall be lawful for the directors to issue new stock, 
to the amount ot the bonds so redeemed, to the stockholders 
thereof. 

April 10, 1862, (P. L. 409.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That the Second and Third Street Passenger Railway Com¬ 
pany of Philadelphia be and they are hereby authorized 
and empowered to sell and convey all that certain lot or 
piece of ground, with the improvements thereon, situated in 
the Nineteenth ward of the city of Philadelphia, commenc¬ 
ing at the southwest corner of Third and Norris streets, and 
extending thence along the south line of the said Norris 
street two hundred and seven feet seven and one-quarter 
inches (207 ft. 7f in.) to a point; thence southeasterly at 
right augles to old Wager street one hundred and fifty-four 
feet feet? ten and one-quarter inches to the centre of the said 
Wager street; thence northwardly along the centre of the 
Wager street forty-eight feet seven and one-eighth inches 
(48 ft. 7J- in.) to a point in the centre of the said Wager 
street; thence southwardly parallel to the said Third street 
seventy-five feet to a point; thence eastwardly parallel to 
said Norris street one hundred and two feet six inches (102 
ft. 6 in.) to said Third street, and thence northwardly along 
the westerly line of said Third street one hundred and 
ninety-eight feet seven and seven-eights inches (198 ft. 7| in.) 
to the place of beginning; also all that certain lot or piece 
of ground situated in the Nineteenth ward of the city of 
Philadelphia, on the southeasterly corner of Third and Nor¬ 
ris streets, containing in front or breadth on the said Third 
street two hundred and thirty-six feet one and three-quarter 
inches (236 ft. If in.), and extending easterly of the width 
between lines parallel to and along said Norris street, in 
length or depth one hundred and fifteen feet three inches 
(115 ft. 3 in.) on the northerly line of said propertjq and one 
hundred and sixteen feet one and three-quarter inches (116 
ft. If in.) on the southerly line thereof to Bodine street, the 
same having been purchased for the purpose of the company 
to erect their depot thereon, and by reason of the extension 
of the road being deemed unnecessary for the use of the 
company by the board of directors; and such sale may be 


Authorized to 
sell certain real 
estate, ground 
rent or mort¬ 
gages. 



198 


Second £ Third. 

made either for such price and upon such terms as the board 
of directors may direct, either at public or private sale, and 
either as one lot or in parcels, in fee simple, or by securing 
a ground rent or ground rents; and in case of a sale in fee, 
by securing the purchase money, or such part thereof as the 
said directors may deem advisable, by mortgage of the 
premises or parts thereof; and that the said company shall 
have authority to hold said ground rent or ground rents, or 
mortgages, or sell or extinguish the same when and as the 
board of directors shall direct. 

March 26, 1869. (P. L. 538.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That so much of the act, entitled “An Act to protect the 
health of the citizens of. Philadelphia,” approved the seven¬ 
teenth day of April, one thousand eight hundred and sixty- 
nine, which prohibits salting the railway tracks in said city, 
be and the same is hereby repealed, so far as relates to the 
Frankford and Southwark Passenger railroad, north of the 
Berks street station, and the Second and Third Street Passen¬ 
ger railroad, north of York street, and all the passenger rail¬ 
road tracks west of the Schuylkill river, and the German¬ 
town Passenger Railway Company, from Diamond street to 
their depot in Germantown, in the Twenty-second ward. 
October 3, 1870. (P. L. 1871, 1553.) 


ORDINANCES AND RESOLUTIONS. 

Section 1 . The Select and Common Councils of the City 
iay th additiona°i Philadelphia do ordain, That the Second and Third Street 
tracks. Passenger Railway company be, and the same is hereby au¬ 

thorized to lay out and construct an additional track of rail¬ 
way, beginning at Oxford and Third streets, and extending 
along Oxford street to Front street; and also, a track begin¬ 
ning at Jefferson street and Frankford road, and extending 
along Jefferson street to Second street in accordance with 
the grades and regulations established by the Board of Sur- 
Proviso veyors and Regulators: Provided , That nothing herein con¬ 
tained shall be construed to authorize the construction of a 


Authorized to 
salt tracks on 
certain por¬ 
tions of road. 




199 Second $ Third . 

double track on either of the streets hereby designated: And 
provided further, That the Ordinance shall not take effect 
until the Second and Third Street Passenger Railway Com¬ 
pany shall have filed in the office of the City Solicitor a full 
and complete account of the cost of their road so far as the 
same has been constructed. 

December 18, 1858. (Ords. 485.) 


Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That the Second and Third Streets 
Passenger Railway Company are hereby authorized to con¬ 
struct a double track of railway on Lehigh avenue, from the 
intersection of their road at Richmond street and Lehigh 
avenue to their property on said Lehigh avenue; Provided, 
That a single track shall be laid each side of the market 
sheds on said avenue. 

Section 2. That the said Second and Third Streets Pas¬ 
senger Railway Company are hereby authorized to lay the 
necessary railway on Dock street, from the intersection of 
their road at Second and Dock streets, to effect a circuit in¬ 
to Third street for their Richmond cars; and are also author¬ 
ized to use the southwestern railway track on Dock street: 
Provided , That the City of Philadelphia shall have the power 
at all times, without notice to the said Railway Company, to 
order the said tracks to be removed at the expense of the said 
Company. 

November 5, 1861. (Ords. 308.) 


Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, That the Fairmount Passenger 
Railway Company do pay to the Second and Third Street 
Passenger Railway Company of Philadelphia the sum of 
eis:ht thousand five hundred dollars in cash, and in addition 
thereto an annual rent of six hundred dollars to commence 
on the first day of November, A. D. 1864, as compensation 
for the use of that portion of the road of the Second and 
Third Street Passenger Railway Company now used by the 
Fairmount Passenger Railway Company. 

Section 2. That the said Second and Third Street Passen¬ 
ger Railway Company hereafter, at their own expepse ex¬ 
clusively, do keep in repair the railway tracks on Second 


Proviso. 


Authorized to 
lay double 
tracks on Le¬ 
high Avenue. 


Proviso. 


Authorized to 
make circuit 
for Richmond 
cars. 


Proviso. 


Compensati on 
fixed for use of 
road, etc. 


Repairs. 




200 


Cars allowed to 
wait for trains. 


Authorized to 
extend tracks. 


Preamble. 


Authorized to 
lay single 
tracks. 


Turnouts. 


Proviso. 


Second § Third. 

and Third streets, and the Fairmount Passenger Railway 
Company at their own expense exclusively, do hereafter keep 
in repair the railway tracks on Race street, between Second 
and Third streets. 

October 27, 1864. (Ords. 401.) 


Section 1 . The Select and Common Councils of the City of Phil¬ 
adelphia do ordain , That the Second and Third street Passen¬ 
ger Railway Company of Philadelphia are hereby authorized 
to permit their cars to remain at the corner of Frankford 
road and Harrison street, for the period of five minutes from 
the time which is now or may be hereafter fixed for the ar¬ 
rival of each train of the Philadelphia and Trenton Railroad 
Company. 

January 27, 1865. (Ords. 53.) 


Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Second and Third street Passenger 
Railway Company be and they are hereby permitted and 
authorized to extend their track along Amber street, from 
Frankford avenue to Lehigh avenue, and thence along Le¬ 
high avenue to Frankford avenue. 

October 30,1868. (Ords. 420.) 


Whereas , The construction of the culvert on Maiden or 
Laurel street necessitates the removal of a portion of the 
track of the Second and Third Street Passenger Railway Com¬ 
pany, now laid upon that street; therefore, 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the said Second and Third Street Passen¬ 
ger Railway Company be allowed the privilege of laying a 
single track upon Poplar street, between Beach street and 
Delaware avenue, and also to construct a turnout or sideling 
on Beach street between Poplar and Maiden streets, for the 
purpose of enabling said company to continue their business 
during the term the said culvert is being constructed : Pro¬ 
vided, That immediately after the work upon said culvert is 
completed the track and sideling so laid on Beach and Pop¬ 
lar streets shall be removed and the pavement upon said 





201 


Second $ Third. 

streets placed in good order at the expense of said Company; 

And provided also, That the said Railway Company shall pay Proviso, 
into the City Treasury the sum of twenty-five dollars to pay 
tor the publication of this resolution. 

May 5, 1869. (Ords. 178.) 


Whereas, The charter of the Second and Third Streets 
Passenger Railway Company authorizes the use of any of the Pieamble * 
streets east of Third street, within the limits of the City of 
Philadelphia, as the Councils of the said City may authorize 
for the purpose of carrying out the object of the act; there¬ 
fore, 

Resolved by the Select and Common Councils of the City of Authorized to 
Philadelphia, That the Second and Third Streets Passenger |* teild road ’ 
Railway Company be and they are hereby authorized to ex¬ 
tend their road on Second and Third streets, north from 
Berks street, and on Dauphin and Reed streets, between 
Second and Third streets, for the purpose of making a circuit. 

October 16,1869. (Ords. 884.) 


Resolved, By the Select and Common Councils of the City of 
Philadelphia, That the Second and Third Street Passenger Authorized to 
Railway Company be and they are hereby permitted to lay la >' tracks, ete. 
tracks on any street north of Master street for the purpose of 
making a circuit on the northern end of their line : Provided, Proviso. 
That the said company shall only occupy two streets at a 
time in making their circuit under this resolution : And pro- Proviso. 
vided. That the said company shall keep in good repair the 
streets used by them under this resolution, as they are now 
required to keep the streets in repair used for the other por¬ 
tions of their line. 

April 29,1871. (Ords. 186.) 


Resolved, By the Select and Common Councils of the City of 
Philadelphia, That the Second and Third Street Passenger Authorized to 
Railway Company of Philadelphia be and they are hereby { a y ck additional 
permitted to lay a track on Huntingdon street, from Frank- 
ford road to Diamond street; thence along Diamond street 
to York street; thence along York street to Second ; also on 





202 


Proviso. 


Proviso. 


Authorized to 
extend tracks. 


Authorized to 
extend tracks. 


Authorized to 
lay tracks. 


Second $ Third. 

Dauphin street, from Second to Emerald street; thence along 
Emerald to Cumberland street, and thence along Cumber¬ 
land street to Amber street; also on Richmond street, from 
Frankford road to Front street; thence along Front to Lau¬ 
rel street; thence along Laurel to New Market street; thence 
along New Market to Coates street: Provided , That the per¬ 
mission hereby granted shall be revocable at any time by 
the city of Philadelphia by the passage of a resolution to 
that effect without notice: And provided , That the said com¬ 
pany first pay to the City Treasurer for the use of the city 
the sum of twenty-five dollars to pay for the publication of 
this resolution. 

June 16,1871. (Ords. 275.) 


Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Second and Third Street Passenger 
Railway Company of Philadelphia be and they are hereby 
permitted to extend or lay their track on New Market street 
to Yine street, on Vine street to Front street, on Front to 
Dock street, on Dock to Second street, and then to connect 
with their present track. 

September 21, 1872. (Ords. 898.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Second and Third Street 
Passenger Railway Company of Philadelphia be and they 
are hereby permitted to extend or lay their tracks on Har¬ 
rison street, from Frankford road to Howard street; and on 
Howard street from Harrison to Jefferson street, pursuant to 
authority contained in the ‘‘Act to incorporate the Second 
and Third Street Passenger Railway company ” approved 
April 10th, 1858. P 

September 12,1878. (Ords. 426.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Second and Third Street 
Passenger Railway Company of Philadelphia be and they 
are hereby permitted to extend or lay their track on the east 
side of Front street, from Harrison street to the north side or 





^03 Seventeenth $ Nineteenth. 

line of Berks street, pursuant to authority contained in the 
act to incorporate the Second and Third Street Passenger 
Kailway Company, approved April 10th, 1858. 

October 6, 1873. (Ords. 434.) 


Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain , That the Mayor be and he is author¬ 
ized to grant permission to Charles J. Miller to operate on 
the lines of the Second and Third Streets and Girard Ave¬ 
nue (Germantown) Passenger Railways his patent noiseless 
steam passenger car for a period not to exceed one day: 
Provided , That he first pay fifty dollars into the City Treasury 
for printing this Ordinance. 

July 10, 1876. (Ords. 193.) 


SEVENTEENTH AND NINETEENTH STREETS PAS¬ 
SENGER RAILWAY CO., OF PHILADELPHIA. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General Ms- 
sernbly met , and it is hereby enacted by the authority of the same , 
That G. B. Hutchins, J. M. Bickel, James H. Billington, 
Bayard Robinson, P. C. Ellmaker, John Welsh, Warwick M. 
Ogelsby, Thomas Ellis, Benjamin R. Munson, George F. Gor¬ 
don, James Harper, Samuel Miller, John M. Pomeroy, J. 
Alexander Simpson, James Johnson, Charles Vanhorn, Wal¬ 
ter Allison, Thomas Fagen, R. P. M’Dowell, Thomas Potter, 
William Bell, Charles Hatheway, Simon P. Ease, James 
Bond, Henry Y. Smith, James M. Ray bold, Samuel Kilpat¬ 
rick and Thomas C. Steel, or any ten of them, are hereby ap¬ 
pointed commissioners to open books, receive subscriptions 
and organize a company by the name, style and title of the 
Seventeenth and Nineteenth Streets Passenger railway com¬ 
pany of Philadelphia, with power to lay out and* construct a 
railway from or near the intersection of Nineteenth and Mas¬ 
ter streets; thence south along said Nineteenth street to 
Federal street, passing around Logan andRittenhouse squares, 


Authority to C. 
J. Miller to op- 
erate steam 
car, etc. 


Proviso. 


Commissioners 


Style. 


Route. 






Real estate. 


Proviso. 


Capital stock. 


Officers. 


Dividends. 


Seventeenth g Nineteenth. 204 

on the west side thereof; thence east along said Federal street 
to Seventeenth street; thence north along said Seventeenth 
street to Francis street; along said Francis street to Ridge 
avenue ; thence along said Ridge avenue to said Seventeenth 
street; thence north along said Seventeenth street to Master 
street; thence along said Master street to the place of begin¬ 
ning ; and also with power to construct a railway along Sev¬ 
enteenth street from Francis street to the Ridge avenue, 
whenever said Seventeenth street shall be open for public 
use. 

Section 2. That the said company shall have the right to 
purchase such real estate, and erect such buildings and im¬ 
provements thereon, and purchase such necessary equipments, 
as horses, cars and other vehicles and appendages for the con¬ 
veyance of passengers on and over said railway, as may be 
deemed necessary and convenient for the accommodation and 
purposes of said company : Provided , That no freight or bur¬ 
den trains or locomotives shall be permitted to pass over said 
railway. 

Section 3. That the capital stock of said company shall 
consist of six thousand shares of fifty dollars each, with the 
power to increase the same to the number of ten thousand 
shares, whenever the stockholders, at a meeting convened for 
that purpose, shall deem the same necessary to complete said 
railway and to carry out the full and true intent and mean¬ 
ing of this act. ♦ 

Section 4. That said company shall elect or appoint a 
president and five directors, a majority of whom, with the 
president, shall be citizens of Philadelphia, and such other 
officers as may be deemed necessary or expedient; and in 
every election for officers each share of stock shall entitle the 
holder to one vote. 

Section 5. That dividends of so much of the profits of said 
company as shall appear advisable to the directors, shall be 
declared semi-annually in each and every^ year, and be paid 
at the office of the company any time after ten days from 
the time of declaring the same ; said dividends shall in no 
case exceed the amount of the net profits of the company, 
and if the directors shall make any dividend impairing the 
capital stock, those consenting thereto shall be liable in 
their individual capacities to said company for the amount 
so divided, and each director present when such dividend 
shall be declared, shall be considered as consenting thereto, 


205 Seventeenth $ Nineteenth. 

unless lie or they enter his or their written protest on the 

minutes of the hoard and give public notice of the same; and 

the said company shall annually pay into the city treasury, 

for the use of said city, six per centum upon all dividends 

that shall exceed six per centum per annum on their capital p er centage to 

stock. thecit y- 

Section 6. That said compaii 3 r shall have power to raise issue 
on their bonds, or other securities, any sum of money not ex¬ 
ceeding one-half of the capital stock herein authorized: no 
bonds shall be issued or obligation incurred until the whole 
capital stock of six thousand shares be paid in full, nor shall 
any bond or certificate of loan be issued for a fractional part 
of one hundred dollars. 

Section 7. Before said company shall commence to use the conse n t of 
said streets, the consent of the councils of the city of Phila- obtained, etc. 
delphia shall be obtained, and said consent shall be deemed 
and taken to have been given, if said councils shall not with¬ 
in thirty days after the passage of this act, signify their dis¬ 
approbation by ordinance duly passed ; and said councils may 
from time to time by ordinance, establish such regulations in 
regard to said railway as may be required for the purpose of 
pacing, re-paving, grading, culverting and laying gas and 
water pipes in and along said streets, and to prevent obstruc¬ 
tions thereon; and that the said company in constructing 
said road shall conform to the grades established by councils Must conform 
of the several streets and avenues traversed by said railway, streets, etc. 
and said company shall keep such streets and avenues in good 
order and repair at their own proper expense. 

April 12, 1859. (P. L. 711.) 


Whereas, The Seventeenth and Nineteenth Streets Pas- preamble, 
senger Railway Company of the city of Philadelphia, in 
pursuance of an act of assembly, entitled, “An Act to incor¬ 
porate the Seventeenth and Nineteenth Streets Passenger 
Railway Company of the city of Philadelphia, approved 
April twenty-eighth, one thousand eight hundred and fifty- 
nine, have constructed and been working said road from 
Master street to Carpenter street on said Seventeenth and 
Nineteenth streets: 

And whereas , Owing to the improvements at the end of 
said road, the necessities of the traveling public require that 
said road should be extended ; therefore, 



Seventeenth $• Nineteenth . 


2C6 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
Sks 01 no r i^t C h That the Seventeenth and Nineteenth Streets Passenger Rail- 
andsouthfrom way Company are authorized to construct tracks north and 
carpenter sts. south from Master and Carpenter streets, respectively, upon 
Seventeenth and Nineteenth streets, as said streets may be 
opened from time to time, and to complete their circuit upon 
any street running east and west that may be open. 

Authorized to Section 2, That the said company shall have power to 
d° w i'ss'ue borrow money, from time to time, as the same may be re¬ 
bonds therefor quired, in such sums as may be required, not exceeding in 
all the sum of one hundred thousand dollars, at rates of in¬ 
terest not exceeding seven per centum per annum, and for the 
purpose of securing re-payment of the same and interest there¬ 
on to issue bonds which shall take the place and be in lieu of 
the bonds authorized to be issued by section sixth of an act 
to incorporate the Seventeenth and Nineteenth Streets Pas¬ 
senger Railway Company of the city of Philadelphia, ap¬ 
proved April twenty-eighth, one thousand eight hundred 
Bonds to be se- and fifty-nine ; and the said bonds shall be secured by one or 
gages. ^ m01t ‘ more mortgages of and on said railway so constructed or to 
he constucted, and upon the railwa} T already constructed by 
the Seventeenth and Nineteenth Streets Passenger Railway 
Company of the city of Philadelphia, and upon the corporate 
rights and franchises of said company; the principal sum so 
borrowed shall be made payable at such times and as the di¬ 
rectors may deem advisable ; but no bond shall be issued for 
a sum less than one hundred dollars. 

April 13,1868. (P. L. 977.) 


RESOLUTIONS. 

Resolved , By the Select and Common Councils of the City 
gradV ^portion °f Philadelphia, That the Chief Commissioner of Highways 
of track. be a ncl he is hereby directed to notify the PresidentTof the 

Seventeenth and Nineteenth Street Passenger Railroad Com¬ 
pany to have the track on Carpenter street,"between Fifteenth 
and Seventeenth streets, lowered to the grade of said street, 
and the cartway placed in proper condition for public use. 

April 15,1864. (Ords. 160.) 



207 Schuylkill River. 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Seventeenth and Nineteenth street 
Passenger Railway Company be and they are hereby permit¬ 
ted and authorized to extend their tracks north to Norris 
street and make their circuit east and west. 

November 21, 1870. (Ords. 518.) 


SCHUYLKILL RIVER PASSENGER RAILWAY CO. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met, and it is hereby enacted by the authority of the same, 
That William B. Bement, Joseph R. Bolton, John J. Kersey^ 
S. Gross Fry, Thomas E. Cahill, Henry C. Fox, David Paul 
Brown, Junior, Israel Maule, John Sherry, William W, 
Watt, William R. Leads, C. W. Walker and C. H. T. Collis, 
or any five of them, are hereby appointed commissioners to 
open books, receive subscriptions and organize a company, 
under the name and title of the Schuylkill River Passenger 
Railway Company, and as such shall have power to lay out 
and construct a railway, in the city of Philadelphia, from a 
point near the basin of the Fairmount water works, along 
Twenty-fifth and Callowhill streets to Twenty-third; thence 
along said Twenty-third street, southwardly, to the Gray’s 
ferry road ; and thence by South and Twenty-second streets 
northwardly to Hamilton street, and from thence to the place 
of beginning, with the right to use such portions of any of 
the adjacent streets as may be necessary, for the purpose of 
avoiding the obstruction at Twenty-second and Market streets 
and to complete their circuit; with the right also to use and 
occupy the tracks on Gray’s Ferry road, now owned by the 
Philadelphia and Gray’s Ferry Passenger Railway Company, 
and such other tracks, that may be laid upon their proposed 
circuit, upon such terms and conditions as the parties may 
agree upon ; and in case the several parties cannot agree up¬ 
on the terms upon which the use of their several roads shall 
be granted, then each company shall appoint one disinterest¬ 
ed person, and the two thus chosen shall appoint a third, all 
of whom shall be approved by the court of common pleas of 
the city of Philadelphia, who shall determine and agree upon 
the compensation to be paid therefor. 


Authorized to 
extend tracks. 


Commissioners 


Subscriptions. 

Title. 


Koute. 


May use cer¬ 
tain portions 
of streets adja¬ 
cent to route. 


May use tracks 
on certain 
other railways. 


Terms and con¬ 
ditions. 


Mode of fixing 
compensation. 



208 


Schuylkill River. 


Extension of Section 2. The said company shall have the right, at any 
route, relative future time, to extend their road from its southern terminus 
to Point Breeze, along said Schuylkill river, by such route 
as may be deemed most practicable, and as may be approved 
by the board of surveys of the city of Philadelphia. 

capital. Section 8. That the capital stock of said company shall 

stares. consist of ten thousand shares, of the par value of fifty dol¬ 
lars each ; and the company shall have power to either raise, 
May borrow on bonds, any sum, not exceeding one-half of the capital 
crease Capital stock, or of increasing their capital stock fifty per cent., as 
stock. they may elect, for the purpose of carrying out the true in¬ 

tent of this act. 


By-laws. 


General privi 
leges. 


Subject to. 


Elections. 

Votes. 


Cou nc i 1 s to 
give consent, 
before streets 
are occupied, 
etc. 


Subject to. 


Restrictions. 


Section 4. That the said company shall make and have a 
common seal, and also ordain and establish such by-laws and 
regulations as may appear necessary, or convenient, for the 
government of said company, and not being contrary to the 
constitution of the United States, or of this commonwealth ; 
and generally to do all and singular the matters and things, 
which to them it may lawfully appertain to do, for the well 
being of said company, and the due ordering and managing 
of the affairs thereof, in accordance with the provisions of 
the act regulating railroad companies, approved the nine¬ 
teenth day of February, one thousand eight hundred and 
forty-nine, and the supplements thereto; and at every elec¬ 
tion, for president and six directors, each share of stock shall 
entitle the holder thereof to one vote: Provided further, That 
before the said company shall use and occupy the said streets, 
the consent of the councils of the city of Philadelphia shall 
be first obtained ; and said consent shall be taken and deemed 
to have been given, if said councils shall not, within thirty 
days after the passage of this act, by ordinance duly passed, 
signify their disapproval thereof; and the said company 
shall also be subject to an ordinance of the city councils, en¬ 
titled u An ordinance to regulate passenger railways, within 
the city^ of Philadelphia,” approved seventh day of July, one 
thousand eight hundred and fifty-seven: Provided , The said 
road shall not extend further north than Green, or west of 
Twenty-fifth street, or cross the Reading railroad, at any 
point. 

April 16, 1866. (P. L. 931.) 


209 


Schuylkill River. 

Whereas, An act of Assembly, approved March twenty- 
third, one thousand eight hundred and sixty-six, authorizes, 
empowers and requires the city of Philadelphia to remove 
all railway tracks or other obstructions on Broad street (ex¬ 
cept such tracks as cross said street), within three years 
from the passage of said act. 

And whereas, Great inconvenience will arise for want of 
the necessary railroad facilities for the delivery and trans¬ 
portation of freight to and from the various forwarding or 
shipping warehouses, coal and lumber yards, et cetera, in 
the city of Philadelphia by reason thereof; therefore, 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Schuylkill River Passenger Railway Company be 
and the} 7 are hereby authorized to convert their road wholly 
or in part into a freight railroad, to transport freight as well 
as passengers thereon, to change such portions of their road 
as may be deemed advisable, and to construct and built 
such switches and turnouts as may be deemed necessary to 
conduct the business of said road, and also to connect with 
any other railroads along their route; Provided , That said 
road shall be in close proximity to the Schuylkill river, and 
shall not be used for freight purposes east of Twenty-third 

St April 26,1869. (P. L. 1227.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That on and after the passage of this act the name and title 
of said company shall be the Schuylkill River Railroad Com¬ 
pany ; and the said company shall have the right to purchase 
or lease the whole or any portion of any connecting road or 
railway; and any company incorporated under the laws of 
this commonwealth, owning such railroad or railway, shall 
be and they are hereby authorized to enter into any such con¬ 
tract with the said Schuylkill River Railroad company, for 
the sale or lease of the whole or any portion of their railroad 


Preamble. 


Authorized to 
carry freight, 
etc. 


Proviso. 


Name. 


May purchase 
or lease any 
connect!ng 
railroad. 



210 


Certain provi¬ 
sos repealed. 


Subject to. 


Extension of 
road, relative 
to. 


Authorized to 
occupy streets. 


Schuylkill River. 

or railway to said company, upon such terms and conditions 
as may be mutually agreed upon. 

Section 2. That the several provisos in section four of said 
act to which this a supplement, be and the same are hereby 
repealed ; and the said company shall have and enjoy and be 
subject to all the provisions and restrictions of the act of as¬ 
sembly regulating railroad companies, approved February 
nineteenth, one thousand eight hundred and forty-nine, and 
the supplements thereto, except such as are inconsistent with 
the provisions hereof. 

Section 3. That section second of said act be and the same 
is hereby repealed ; and the board of directors of said com¬ 
pany shall have authority, with the approval of a majority 
of the stockholders thereof, by a stock vote, to extend their 
road from its southern terminus to Point Breeze, to and along 
the Gray’s Ferry road, and any other streets not east of 
Twenty-third street, and northwardly along Twenty-third 
street, or any street w’est of Twenty-third street, as they may 
deem necessary ; to fix the rates of toll and charges for trans¬ 
portation of traffic, and to connect with any other railroads 
along their route: Provided , That the said railroad shall not 
be laid west of Twenty-third street, between Arch street and 
a small street running west from Twenty-third, about one 
hundred and fifty feet south of Market street, and shall not 
be laid on any street east of Twenty-fourth street, south of 
the aforesaid small street: And provided further , That said 
railroad shall not extend northward of the Reading rairoad, 
in the Fifteenth ward. 

April 7,1870. (P. L. 1045.) 


RESOLUTION. 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the consent of councils is hereby given to 
the Schuylkill River Passenger Railway Company, to use and 
occupy the streets named, as provided for in their act of in¬ 
corporation, approved April 16, A. D. 1866. 

June 29, 1866. (Ords. 223.) 


211 


Thirteenth <f* Fifteenth. 


•THIRTEENTH AND FIFTEENTH STREETS PASSEN¬ 
GER RAILWAY COMPANY OF THE CITY OF 
PHILADELPHIA. 


ACTS OF ASSEMBLY. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same, 

That John Anspach, Junior, George M. Stroud, John Lam- Commissioners 
bert, Edward Gratz, Morton M’Michael, Henry Haines, Sta¬ 
cey B. Barcroft, Peter C. Ellmaker, Philip R. Freas, Joseph 
Wood, Thomas S. Cromberger, Alfred C. Harmer, Michael 
Bouvior, John Welsh, William Deal, E. C. Kromer, George 
Williams, Bayard Robinson, Thomas Watson, James Ben¬ 
ners, H. W. Fitzgerald, J. M. Bickel, George Magee, George 
W. Simons, George M. Hill, Samuel Lindsay, John Baird, 

John P. Verree, Robert Armstrong, Coffin Colkett, E. C. 

Pechin, W. A. Edwards, E. T. Chase, J. M. Riley, Thomas 
C. Steele, James Harper, David M’Clain, John W. Forney, 

J. J. M’Elhone, James B. Sheridan, Samuel Williams, Dendy 
Sherwood, John H. Shryock, H. R. Coggshall, George A. 

Coffey, William D. Kelley, D. D. Jones, Stephen P. Hill, 

John Steele and James H. Walton, or a majority of them, 
are hereby appointed commissioners to open books, receive 
subscriptions and organize a company by the name, style 
and title of the Thirteenth and Fifteenth Streets Pas- style, 
senger railway company of the city of Philadelphia, with 
power to lay out and construct a railway from the in- Route, 
tersection of Carpenter and Thirteenth streets ; thence 
north along said Thirteenth street to Columbia avenue; 
thence west along said Columbia avenue to Fifteenth street; 
thence south along said Fifteenth street to Carpenter street; 
thence east along said Carpenter street to the place of begin¬ 
ning ; and with power also to lay out and construct a rail¬ 
way from the intersection of Fifteenth street and Columbia 
avenue to Ridge avenue, and from Ridge avenue along Mas¬ 
ter street to Fifteenth street, for the purpose of making con¬ 
nection with any company now authorized, or that may be 
hereafter authorized to construct a railway on said Ridge 
avenue. 

Section 2. That the said company shall have the right to Ma^pmcimse 
purchase such real estate and erect such buildings and im¬ 
provements thereon, and purchase such necessary equip- 



Proviso. 


Capital stock. 


Proviso. 


Dividends. 


Liability. 

Seal. 

By-laws. 

President and 
directors. 

Majority of to 
be citizens of 
Philadelphia. 


Thirteenth § Fifteenth. 212 

ments, as horses, cars and other vehicles and appendages for 
the conveyance of passengers on and over said railway, as 
may be deemed necessary or convenient for the accomodation 
arid purposes of said company : Provided , That no freight or 
burden trains or locomotives shall be permitted to pass over 
said railway. 

Section 3. That the capital stock of said company shall 
consist of six thousand shares of fifty dollars each, with the 
power of increasing the same by a vote of the stockholders, 
at a meeting convened for that purpose, to such an amount 
as may be deemed necessary to complete the said railway 
and carry out the full and true intent and meaning of this 
act: Provided , That in no event shall the capital stock of 
said company exceed the number of ten thousand shares. 

Section 4. That dividends of so much of the profits of said 
company as shall appear advisable to the directors, shall be 
declared semi-annually in each and every year, and be paid 
at the office of said company, any time after ten days from 
the time of declaring the same ; but said dividends shall in 
no case exceed the amount of the net profits of said company, 
so that the capital stock shall never be impaired thereby ; 
and if said directors shall make any dividend impairing the 
capital stock of said company, the directors consenting 
thereto shall be liable in their individual capacities to said 
company, for the amount so divided ; and each director 
present when such dividend shall be declared, shall be con¬ 
sidered as consenting thereto, unless he or they enter his or 
their written protest upon the minutes of the board, and give 
public notice of the same. 

Section 5. That the said company shall make and have a 
common seal, and the same to alter and renew at pleasure ; 
and also shall have power to ordain, establish and put in 
execution, such by-laws, ordinances and regulations as shall 
appear necessary or convenient for the government of said 
corporation, and not being contrary to the constitution and 
laws of the United States, or of this commonwealth ; and 
generally to do all and singular the matters and things 
which to them shall lawfully appertain, for the well being of 
said corporation, and the proper order and management of 
the affairs thereof. 

Section 6 . That said company shall have power to elect 
or appoint a president and five directors, a majority of 
whom, with the president, shall be citizens of Philadelphia, 




213 Thirteenth $ Fifteenth. 

and such other officers as may be deemed necessary or expe¬ 
dient ; and in every election for officers, each share of stock 
shall entitle the holder to one vote. 

Section 7. That said company shall have power to raise 
on their bonds, or other securities, any sum of money not 
exceeding one-half of the capital stock thus authorized, for 
the purpose of carrying out and perfecting the true intent 
and meaning of this act: Provided , that no bonds shall be 
issued, or any obligation incurred, until the whole capital 
stock of six thousand shares be paid in full: And provided 
fuidher , That no bond, or certificate of loan, shall be issued 
for a less sum than one hundred dollars. 

Section 8 . That the said railway company shall not con¬ 
nect with any railroad other than for passenger purposes, 
and of the same gauge, under the penalty of a forfeiture of 
their charter; and the said company shall annually pay into 
the treasury of the city of Philadelphia, for the use of said 
city, whenever the dividends shall exceed six per centum 
per annum on the capital stock, the sum of six per centum 
on the said dividend thus declared. 

Section 9. That the councils of the city of Philadelphia 
may from time to time, by ordinances, establish such regu¬ 
lations in regard to. said railway, as may be required for the 
purposes of paving, re-paving, grading, culverting and laying 
gas and water pipes in and along said streets, and to prevent 
obstructions thereon: and that said company, in construct¬ 
ing said road, shall conform to the grades established by 
councils of the several streets and avenues traversed by said 
railway: Provided , That the streets thus occupied by said 
company shall be by them kept in good order and repair at 
their own proper expense. 

Section 10, That for the purpose of completing their cir¬ 
cuit, it shall be lawful for any other passenger railway com¬ 
pany within the city of Philadelphia, using the same motive 
power as is or may be hereafter used upon the road of the 
company hereby incorporated, to connect with the road of 
said company, and run their cars upon the same, or any por¬ 
tion thereof, upon terms to be agreed upon by said parties 
interested; and if the said parties cannot agree, then the 
district court of the city of Philadelphia shall, upon petition 
presented by either party, appoint three persons, who shall 
fix the amount to be paid to the parties owning said road: 
And provided , That for the purpose of completing their cir- 


M a y issue 
bonds. 


Proviso. 


Proviso. 


Not to con¬ 
nect with other 
than passenger 
railways. 


Tax on divi¬ 
dends to be 
paid to city 
treasury. 


Councils to es¬ 
tablish regula¬ 
tions relative 
to paving, 
curbing, &c. 


Proviso. 


Other compa¬ 
nies may lun 
cars on road 
upon terms to 
De agreed upon 
by the parties. 


Proviso. 


214 


Preamble. 


Not to con¬ 
struct t acks 
on certain 
streets. 


Thirteenth $ Fifteenth. 

cuit on the route hereby authorized, and on no other route, 
the said company hereby incorporated shall have the right 
to run their cars upon any other passenger railway now in¬ 
corporated, or that may be hereafter incorporated in said 
city of Philadelphia, upon such terms as are above provided 
for in the case of any other passenger railway company using 
the road of the company hereby incorporated. 

April 8, 1859. (P. L. 429.) 


Whereas, The Thirteenth and Fifteenth Streets Passenger 
Railway Company of the City of Philadelphia, and the Navy 
Yard, Broad Street and Fairmount Railway Company, here¬ 
tofore by agreements made and entered into in pursuance of 
the terms of an act of assembly, entitled “An Act relating to 
railroad companies,” approved May sixteenth, one thousand 
eight hundred and sixty-one, and the amendments thereto, 
have become merged and consolidated into one company, 
under the name, style and title of the Thirteenth and Fif¬ 
teenth Streets Passenger Railway Company of the city of 
Philadelphia, whereby all the rights, privileges and franchises 
of the Navy Yard, Broad Street and Fairmount Railway 
Company became vested in the Thirteenth and Fifteenth 
Streets Passenger Railway Company of the city of Phila¬ 
delphia. 

And whereas , The necessities of the traveling public do not 
require the building of tracks upon Federal and Wharton 
streets to Broad street, and upon Spring Garden street to 
Fairmount, said streets being in whole or in part occupied 
by the Union Passenger Railway Company, by virtue of 
their charter and of a certain agreement entered into between 
said company and the Navy Yard, Broad Street and Fair- 
mount Railway Company. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same , 
That the Thirteenth and Fifteenth Streets Passenger Rail¬ 
way Company, of the city of Philadelphia, are hereby re¬ 
lieved from the obligation to construct and prohibited from 
constructing railway tracks upon Federal and Wharton 
streets, and upon Spring Garden street, as is provided for in 
the charter of the Navy Yard, Broad Street and Fairmount 
Railway Company. 



215 Thirteenth $ Fifteenth. 

Section 2. That the said company are authorized to build 
and construct tracks north and south from Columbia avenue 
and Carpenter streets respectively, upon Thirteenth and Fif¬ 
teenth streets, as the said streets shall be opened from time 
to time, and to complete their circuit upon any street run¬ 
ning east and west that may be open: Provided , That in case 
Fifteenth street shall not be opened north of Columbia ave¬ 
nue, that said company shall have the right of way on Park 
avenue, with single or double track, as the board of directors 
may deem advisable, in lieu of said Fifteenth street. 

Section 3. That the said company shall have the power to 
borrow money from time to time as the same may be required, 
in such sums as may be required, not exceeding in all the 
sum of two hundred and fifty thousand dollars, at rates of 
interest not exceeding seven per centum per annum, and for 
the purpose of securing re-payment of the same, and the in¬ 
terest thereon, to issue bonds, which shall take the place and 
be in lieu of the bonds authorized to be issued by section 
seventh of an act to incorporate the Thirtenth and Fifteenth 
Streets Passenger Railway Company of the city of Philadel¬ 
phia, approved April eighth, Anno Domini one thousand 
eight hundred and fifty-nine, and also by section seven of an 
act to incorporate the Navy Yard, Broad Street and Fair- 
mount Railway Company, which became a law May sixteenth, 
Anno Domini one thousand eight hundred and sixty-one; 
and the said bonds shall be further secured by one or more 
mortgages of and on said railway so constructed or to be con¬ 
structed, and upon the railway already constructed by the 
Thirteenth and Fifteenth Streets Passenger Railway Com¬ 
pany of the city of Philadelphia, and upon all the corporate 
rights and franchises of said company ; the principal sum so 
borrowed shall be made payable at such times as the direc¬ 
tors may deem advisable, but no bond shall be issued for a 
sum less than one hundred dollars. 

April 4, 1868. (P. L. 640.) 


Whereas, The necessities of the traveling public require 
the building of track on Locust street, between Thirteenth 
and Fifteenth streets, in the city of Philadelphia, thereby 
enabling the Thirteenth and Fifteenth Streets Passenger 
Railway Company to make connections and form a circuit; 
therefore, 


Construct i o n 
of tracks upon 
Thirteenth and 
Fifteenth sts. 


Proviso. 


Authorized to 
borrow money 
and issue 
bonds. 


Bonds to be se¬ 
cured by mort¬ 
gage. 



216 


Tracks on 
Locust street. 


Preamble. 


Surrender o f 
certain rights 
provided for, 
merger con¬ 
firmed, &c. 


Thirteenth $ Fifteenth. 

Section 1. Be it enacted hy the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted, by the authority of the same , 
That the Thirteenth and Fifteenth Streets Passenger Rail¬ 
way Company, of the city of Philadelphia, are hereby au¬ 
thorized and empowered to build and construct a track on 
Locust street, between Thirteenth and Fifteenth streets, and 
connect the same with their tracks on Thirteenth and Fif¬ 
teenth streets, for the purpose and intent of forming and com¬ 
pleting a circuit. 

February 25, 1870. (P. L. 237.) 


Whereas, The Thirteenth and Fifteenth Streets Passen¬ 
ger Railway Company of the city of Philadelphia, and the 
Navy Yard, Broad Street and Fairmount Railway Company 
heretofore by agreement made and entered into in pursuance 
of the terms of an act of assembly, entitled kl An Act relating 
to railroad companies,” approved May sixteenth, one thousand 
eight hundred and sixty-one, and the amendments thereto, 
have become merged and consolidated into one company, un¬ 
der the name, style and 'title of the Thirteenth and Fifteenth 
Streets Passenger Railway Company of the city of Philadel¬ 
phia, whereby all the privileges, rights and franchises of the 
Navy Yard, Broad Street and Fairmount Railway Company 
became vested in the Thirteenth and Fifteenth Streets Pas¬ 
senger Railway Company of the city of Philadelphia ; there¬ 
fore, 

Section 1. Be it enacted , That if within ninety days 

after the passage of this act, the Thirteenth and Fifteenth 
Streets Passenger Railway Company of the city of Philadel¬ 
phia, shall renounce and surrender, as they are hereby au¬ 
thorized to do, to the commonwealth, all rights to construct 
any railroad, railway or tramway upon Broad street, in the 
city of Philadelphia, possessed or claimed by them under the 
said merger of the corporate rights and franchises of the 
Navy Yard, Broad Street and Fairmount Railway Company, 
or otherwise howsoever, and shall discontinue all legal pro¬ 
ceedings to enforce such rights, then upon the said company 
making such surrender under their corporate seal, and coven¬ 
anting to carry out and fulfill the conditions and require¬ 
ments of the proviso hereto, and filing the same in the ofiice 
of the secretary of the commonwealth within said time, and 
accepting the provisions of this act, all the corporate rights 



217 Thirteenth £ Fifteenth. 

privileges and franchises heretofore granted to the Navy 
hard, Broad Street and Fairmount Railway Company by 
the act of the sixteenth of May, Anno Domini one thousand 
eight hundred and sixty-one, and any supplements thereto, 
excepting those so surrendered, shall be, and thereupon are 
hereby granted and confirmed to and declared to be fully 
vested in the said the Thirteenth and Fifteenth Streets Pas¬ 
senger Railway Company, under and by virtue of said mer¬ 
ger, that is to say, the privilege of constructing and opera¬ 
ting a single or double railway passenger track or tracks up¬ 
on any part of said Broad street, from time to time, south 
from Carpenter street, as far south as said street may be 
opened, and north from Columbia avenue, as far north as said 
street may be opened, together with the privilege of main¬ 
taining the now existing connections between said tracks 
and the company’s tracks on Thirteenth and Fifteenth streets; 
and in further consideration of such surrender, no franchise 
or privilege to construct a track or tracks or any artificial 
tramway, for the conveyance of passengers for hire, upon any 
portion of said Broad street, or upon Thirteenth or Fifteenth 
streets, or other of said company 's connections, or to run any 
cars upon any part of said routes, shall be hereafter granted 
to any person or persons, or body politic: Provided , That as 
each six consecutive squares of Thirteenth and Fifteenth 
streets northward, from Columbia avenue, as well as the 
street or avenue at the northern terminus thereof, running 
at right angles to and joining Thirteenth and Fifteenth 
streets, or so much thereof as may be necessary to form cir¬ 
cuits, shall be, from time to time, opened, graded and paved, 
the Thirteenth and Fifteenth Streets Passenger Railway 
Company shall remove their tracks from the six squares of 
North Broad street, between the same cross streets, and shall 
lay them upon the corresponding six squares of Thirteenth 
and Fifteenth streets and said northernmost cross street, for 
the purpose of completing their circuits or connection; and 
that when the depot of the Philadelphia, Wilmington and 
Baltimore Railroad Company, or its successors, shall be re¬ 
moved from Broad street, between Washington avenue and 
Carpenter street, then as each six consecutive squares of 
Thirteenth and Fifteenth streets southward from Carpenter 
street, as well as the street or avenue at the southern terminus 
thereof, running at right angles to and joining Thirteenth 
and Fifteenth streets, or so much thereof as may be necessary 
to form circuits, shall be, from time to time, opened, graded 
and paved, the Thirteenth and Fifteenth Streets Passenger 


Thirteenth <f Fifteenth. 218 

Railway Company shall remove their tracks from the six 
squares of South Broad street, bet ween the same cross streets, 
and shall lay them upon the corresponding six squares of 
Thirteenth and Fifteenth streets, and the said southernmost 
cross street, for the purpose of completing their circuits or 
connections; and all acts or parts of acts inconsistent here¬ 
with are hereby repealed. 

on^ failure to Section 2. If the Thirteenth and Fifteenth Streets Passen- 
acr, ip com V mis- ger Railway Company, (having accepted the provisions of 
waystoremoye this act as aforesaid,) shall not at any time proceed to comply 
fail? way and w ^h the same, after notice in writing to them by the mayor, 
the chief commissioner of highways or the common council 
of the city of Philadelphia to do so, then the chief commis¬ 
sioner of highways is hereby empowered and directed to re¬ 
move the tramway and rails of the said Thirteenth and Fif¬ 
teenth Streets Railway from Broad street, and re-pave and 
repair the bed of said street forthwith, at the expense of said 
company. 

March 27, 1873. (P. L. 435.) 


Eighth section Section 1. Be it enacted, $c.. That the eighth section of the 
poration 'T/- ac C entitled, “An Act to incorporate the Thirteenth and Fif- 
peaieti in part, teenth Streets Passenger Railway Company of the city of 
Philadelphia,” passed the eighth day of April, one thousand 
eight hundred and iifty-nine, be, and the same is hereby re¬ 
pealed, so far as it relates to the taxes imposed on said com¬ 
pany. 

Section 2. Whenever the dividends declared by the said 
company shall exceed six per cent, per annum on the par value 
of the capital stock thereof, a tax of six per cent, on such excess 
Tax payable to over the s ^ x P er cen t- on the P ar value thus declared, shall 
city on divi^ be paid annually into the treasury of the city of Philadel- 
dends - phia. 

April 10, 1873. (P. L. 589.) 


resolutions and ordinances. 

Resolved, By the Select and Common Councils of the 
construct turn- °ity °f Philadelphia, That permission is hereby given to the 
out. Thirteenth and Fifteenth streets Passenger Railway Com¬ 

pany to construct a turn-out on Carpenter street, to connect 



219 


Thirteenth $ Fifteenth. 

with the Depot of the Philadelphia and Baltimore Railroad, 
at the corner of Broad and Prime streets ; provided, that said 
turn-out shall be constructed in compliance with all Ordi¬ 
nances ot Councils now in existence, or hereafter to be 
passed. 

December 17, 1859. (Ords. 411.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That upon consideration of the aban- Authorized to 
donment, in favor of the city, of all right possessed by the Spnng C Gar§en 
Thirteenth and Fifteenth Streets Passenger Railroad, to street ‘ 
build a passenger track upon Broad street between Christian 
street and Columbia avenue, the consent of the city of Phila¬ 
delphia is hereby granted to the laying of a track by the 
said Railroad Company, along Spring Garden street, from 
Thirteenth street to Broad street, for the purpose of forming 
a circuit; and that they be allowed to take up the cobble¬ 
stones on such other streets as they may require, agreeably 
to their charter. 

July 13, 1866. (Ords. 252.) 


Whereas , The Thirteenth and Fifteenth Streets Passenger 
Railroad Company are now laying a double track on Broad Preamble, 
street, south of Washington avenue; and whereas, the citi¬ 
zens of that section of the City have made complaint of the 
action on the part of the said railroad company : now, there¬ 
fore, 

Resolved by the Select and, Common Councils of the City of 
Philadelphia , That the City Solicitor is hereby authorized directedtopi? 
and directed to institute legal proceedings against the said [nckTVn 
Thirteenth and Fifteenth Streets Passenger Railroad Com- Broad street, 
pany’s officers, to prevent them from laying the railroad 
tracks on Broad street, without delay. 

April 15, 1871 (Ords. 155.) 


Resolved , by the Select and Coynmon Councils of the City of Directed to re- 
Philadelphia , That the Highway Department be and is here- f^BroaTst! 
by directed to notify the Thirteenth and Fifteenth Street 





Union. 


220 


Passenger Railway Company to remove from Broad street all 
of the loose stones on bed of said street, from Montgomery 
avenue to the Connecting Railroad. 

May 15, 1874. (Ords. 196.) 


UNION PASSENGER RAILWAY COMPANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and, it is hereby enacted by the authority of the same , 
Corporators. That Robert P. King, William Elliott, Charles Welsh, Wil¬ 
liam H. Kemble, Willott H. Ridgway, William J. Pollock, 
John Miller, John M. Melloy, and their associates, and suc¬ 
cessors, be and they are hereby constituted a body politic, 
Title and corporate, by the name, style and title of the Union Pas¬ 

senger Railway Company of Philadelphia; and as such they 
Construction.©! shall have the right to lay out and construct, or cause to be 
ized! ayauth01 ’ laid out and constructed, a railway, in the city of Philadel- 
Route. phia, along such routes and streets as are hereinafter provided 

for, namely: beginning at, or near, the intersection of Whar¬ 
ton and Front streets; thence, with a single track, and such 
turn-outs as may be necessary, along Wharton street to Ninth 
street; thence along Ninth street to Spring Garden street; 
thence along Spring Garden street to Seventh street; thence 
along Seventh street to Master street; thence along Master 
street to Frankford road; thence along Frankford road to 
Belgrade street; thence along Belgrade street to Marlbor¬ 
ough street; thence along Marlborough street to Thompson 
street; thence along Thompson street to York street; thence 
along York street to Edgemont street; thence along Edge- 
montstreet to Lehigh avenue; thence along Lehigh avenue 
to Memphis street ; thence along Memphis street to York 
street; thence along York street to Emerald street; thence 
along Emerald street to Susquehanna avenue; thence along 
Susquehanna avenue to Fourth street; thence along Fourth 
street to Oxford street, with the privilege of using Oadwala- 
der street, until Fourth street shall be opened to Oxford street; 
thence along Oxford street to Franklin street; thence along 
Franklin street to Race street; thence along Race street to 




221 


Union. 


Seventh street; thence along Seventh street to Walnut street, 
thence along Walnut street, and around Washington square, 
along the westwardly and southwardly side thereof, to Seventh 
street; thence along Seventh street to Federal street; thence 
along Federal street to Front street; thence along Front street 
to the place of beginning ; and the said company shall have the 
right to use York street from Thompson street to Memphis 
street, for the purpose of making a circuit; and also the 
right to use Seventh street from Master street to Oxford 
street, for the purpose of making a circuit; and also the 
right of making a circuit on Locust street from Washington 
square to Ninth street; and the said company shall have 
power and authority to extend their road, by single track, 
from Seventh street along Spring Garden street to Twenty- 
third street; thence along Twenty-third street to Parrish 
street; thence along Parrish street to Twenty-fourth street; 
thence along Twenty-fourth street to Poplar street; thence 
along Poplar street to Twenty-ninth street; thence along 
Twenty-ninth street, and Pennsylvania avenue, to Brown 
street; thence along Brown street to Twenty-third street; 
thence along Twenty-third street to Wallace street; thence 
along Wallace street to Seventh street^ with the right to 
use Brown street, west of Twenty-third street, to Pennsylva¬ 
nia avenue, with a double track, or such sidelings as may 
be necessary, and also with the right and privilege to use 
Poplar street, with a single track, from Seventh street to 
Twenty-fourth street; and the said company shall have the 
right, in order to complete their route, and to make such cir¬ 
cuits as they may deem necessary, to use, in lieu of Wharton 
and Federal streets, any other two streets south of Catharine 
street; and the said company shall first lay out, and con¬ 
struct, that part of their road extending from Wharton street 
to Oxford street, and afterwards, from time to time, as they 
may deem advantageous to the public, shall lay out mid com¬ 
plete their road, on the routes, and streets, herein desig¬ 
nated. 

Section 2. The capital stock of said company shall con¬ 
sist of twenty thousand shares, of fifty dollars each. 

Section 3. The said company shall have power and author¬ 
ity to borrow money in any sum or sums not exceeding, in 
amount, one-half of the par value of the capital stock, at a 
rate of interest not exceeding seven per centum per annum ; 
and to secure the re-payment of the same, and the interest 
thereon, 10 give bonds, secured by a mortgage of, and on, the 


K oa d from 
Wharton to Ox¬ 
ford street, to 
be first con¬ 
structed. 


Capital stock. 


May borrow 
money and is- 
sue bonds 
therefor, s e - 
cured by mort¬ 
gage. 


Union. 222 

said railway, and the corporate rights and franchises guaran¬ 
teed by this act; which principal moneys shall be payable at 
such dates, and times, as the board of directors may deem 
advisable. 

Authorized to Section 4. The said company shall have the right to pur- 
ffite^equlp! c ^ ase such real estate, and erect, or cause to be erected, such 
meats, &c. buildings and improvements thereon, from time to time, and 
use and hold the same; and further, to have the right to 
purchase all necessary equipments, such as horses, cars, and 
other vehicles, and all needful appendages, for the convey¬ 
ance of passengers on, and over, said railway, as may be 
deemed necessary or convenient for the accommodation and 
purposes of said company : Provided , That said railway shall 
Gauge. conform, in gauge, to the passenger railways now laid in the 
Prohibition, city of Philadelphia ; and no freight, or burthen trains, or 
locomotives, shall be permitted to pass over said railway. 

Section 5. That dividends, of so much of the profits of 
said company as shall appear to be advisable to the direc¬ 
tors, shall be declared semi-annually, in each and every year, 
and be paid at the office of the said company at any time 
after ten days after declaring the same; but said dividends 
shall in no case exceed the amount of the net profits of said 
company, so that the capital stock thereof shall at no time be 
impaired thereby; and if said directors shall make and de¬ 
clare any dividend, impairing the capital stock of said com¬ 
pany, the directors, consenting thereto, shall be liable, in 
their individual capacities, to said company, for the amount 
so divided ; and each director present, when such dividend 
shall be declared, shall be considered as consenting thereto, 
unless he or they shall, at the time thereof, enter his or their 
written protest against the same, and shall cause the said pro¬ 
test to be entered upon the minutes of the board, and give 
public notice of the same. 

Section 6 . The said company shall make, have and use a 
common seal, and alter and renew the same at pleasure ; and 
also shall have the power to ordain, establish and put in exe¬ 
cution such by-laws, ordinances and regulations as shall ap¬ 
pear necessary or convenient for the government of the said 
corporation, and not being contrary to the constitution of the 
United States or of this commonwealth ; and generally to do 
all, and singular, the matters and things, which, to them, 
shall lawfully appertain for the well being of said corpora¬ 
tion and the proper order and management thereof. 


Dividends, 
latn e to. 


Limitation. 


Seal. 


By-laws. 


228 


Union . 


Section 7. That the persons herein named, or a majority 
of them, may proceed to organize said company, and obtain 
subscriptions to the capital stock thereof; and said company 
shall have power to elect a president, vice-president and five 
directors, a majority of whom shall be citizens of Philadel¬ 
phia, and also such other officers as may be deemed expedi¬ 
ent ; and at all elections each share of stock, represented ei¬ 
ther in person or by proxy, shall entitle the holder to one 
vote. 

Section 8. The said company shall be subject to all the 
provisions and restrictions of an act regulating railroad com¬ 
panies, approved the nineteenth day of February, one thou¬ 
sand eight hundred and forty-nine, and the several supple¬ 
ments thereto, so far as the same are not altered or supplied 
by this act: Provided , That the provision in the first section 
of said act, which requires the commissioners, named in any 
special act, incorporating any passenger railroad company, to 
give public notice of the time and place for opening books 
for receiving subscriptions to the capital stock of such com¬ 
pany, is hereby declared not to extend or apply to this act, 
or to the commissioners herein named ; and the said com¬ 
pany, in constructing their road, shall conform to the sur¬ 
veys and grades now established or hereafter to be estab¬ 
lished by law, of the several streets or avenues traversed by 
said road ; and shall, at the cost and expense of said com¬ 
pany, lay flagstones or crossings along the line of the paved 
streets, upon which the rails are laid, at intervals, not ex¬ 
ceeding two hundred and fifty feet, and shall be at the entire 
cost and expense of paving, repairing, and re-paving that 
may be necessary upon any street where the track of said 
company may be laid, and it shall not be lawful for the said 
company to run their cars at a greater rate of speed than six 
miles an hour; and the said company is hereby authorized 
and empowered to construct and lay the said railway, without 
obtaining the consent of the city councils of the city of Phila¬ 
delphia ; but whenever the said railway shall be laid and 
used, by running passenger cars thereon, the said company 
shall be subject to the ordinances of the city of Philadelphia, 
regulating the running of passenger railway cars. 

Section 9. The said company shall have the right to cross 
at o-rade, any railroad that is now, or may hereafter be’ 
built, within the limits of the city of Philadelphia; and’ 
also, to connect their railway with that of any other passen’ 
oer railway company, for the purpose of completing a route 


Organization. 


Election of offi¬ 
cers. 


Votes. 


Subject to. 


Notice of time 
ancl place, of 
receiving sub¬ 
scriptions, not 
required. 


Must conform 
to established 
surveys, 
grades, &c. 


Crossings, 
pavings, &c., 
relative to. 


Kate of speed. 


Con sent of 
councils not 
necessary. 


Subject to city 
ordinances. 


May cross at 
grade, and con- 
ii e c t with, 
other roads. 


Union. 


224 


Terms and con¬ 
ditions, rela¬ 
tive to. 


Tax on divi¬ 
dends to be 
paid into city 
treasury. 


License for 
cars. 


Authorized to 
extend track. 


or making a circuit, and upon such terms, and conditions, 
as may be agreed upon by such other company, or compa¬ 
nies, and the said Union Passenger Railway Company ot 
Philadelphia, and in case said railway companies cannot 
agree thereupon, such terms as the district court of Phila¬ 
delphia may prescribe and enjoin. 

Section 10. That the said company shall pay, annually, 
into the treasury of the city of Philadelphia, for the use ot 
said city, whenever the dividends, declared by said com¬ 
pany, shall exceed six per cent, per annum, on the par value 
of the capital stock thereof, a tax of six per centum, on such 
excess over six per centum, on the par value thus declared; 
and the said company shall, also, pay such license for each 
car run by said company as is now paid by other passenger 
railway companies in the city of Philadelphia. 

April 8, 1864. (P. L. 297.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Union Passenger Railway Company, of Philadel¬ 
phia, be and they are hereby authorized to continue and ex¬ 
tend their track, from Pennsylvania avenue and Brown street, 
southward, along the eastwardly side of Pennsylvania avenue, 
to Hare street, and thence eastwardly, along Hare street, to 
Twenty-third street; and the said corporation may, at such 
times as the v may deem proper, extend their track on Frank¬ 
lin street, northwardly, to Susquehanna avenue, and thence 
eastwardly, on Susquehanna avenue, to Fourth street; and 
when the said track is laid, on said Franklin street and Sus¬ 
quehanna avenue, they may remove their track on Fourth 
street, from Susquehanna avenue to Oxford street, and on Ox¬ 
ford street, from Fourth to Franklin street; and the said 
company may, also, extend their track from Seventh street, 
along Christian street, to Broad street, and thence along 
Broad street, to Ellsworth street; thence eastwardly, along 
Ellsworth street, to Passyunk road ; thence along Passyunk 
road, to Seventh street; and the said company may, also, ex¬ 
tend their track from York street, along Cedar street, to Som¬ 
erset street; thence, with a double track, to Richmond street; 
thence, with a single track, to William street; thence along 
William street, to Salmon street, and thence along Salmon 
street, to Somerset street; and the said company shall not be 


* 



225 


Union . 


obliged to lay their track on York street, from Thompson to 
Edgemont street, nor on Edgemont street, from York street 
to Lehigh avenue, nor on Lehigh avenue, from Edgemont 
street to Cedar street; and it is hereby declared to be the 
true intent and meaning of the proviso to the eighth section 
of the act, to which this is a supplement, that the said com¬ 
pany shall be at the cost and expense of repairing and re¬ 
paving, upon any street where the track of the said company 
shall be laid, but that the said company shall not be charge¬ 
able with the cost, or obliged to pay the cost, of paving any 
street, which has never been previously paved, nor shall the 
said proviso be construed so as to exempt owners of property 
from the expense of new paving, as is now provided by law. 

March 16, 1865. (P. L. 894.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and, it is hereby enacted by the authority of the same , 
That the Union Passenger Railway Company shall have 
power to lay and use another track, along the south side of 
Spring Garden street, extending from Seventh to Ninth 
street, in the city of Philadelphia, and also along Norris 
street, from Fourth street to Thompson street, also along 
Memphis street, from Norris street to York street, as is pro¬ 
vided by the act to which this is a supplement; and the 
board of directors may remove their track, now laid on 
Fourth street, north of Norris street, and also from Susque¬ 
hanna avenue, Emerald street and York street, from Eme¬ 
rald street to Memphis street. 

April 11,1866. (P. L. 744.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met , and it is hereby enacted by the authority of the same , 
That the Union Passenger Railway Company of Philadel¬ 
phia shall have the right to lay and use a track on Twenty- 
second street, between Wallace and Spring Garden streets, 
in the said city, and also to lay and use another track on the 
southwardly side of Spring Garden street, from Twenty- 
second street to Ninth street, in the said city, under and 


Additi onal 
track on Spring 
Garden st.,etc. 


Authorized to 
extend track. 




Authorized t 
extend track. 


Union. 226 

subject to all the restrictions, and with all the privileges 
and immunities mentioned and contained in the act incorpo¬ 
rating the said Union Passenger Railway Company. 
February 17, 1869. (P. L. 181.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Rennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the Union Passenger Railway Company of Philadel¬ 
phia he and they are hereby authorized to continue and ex¬ 
tend their track from Broad and Ellsworth streets westward 
along Ellsworth street to Twenty-second street; thence 
0 northward on Twenty-second street to Christian street; 
thence eastward along Christian street to connect with their 
track at Broad and Christian streets; and also to continue 
and extend their track from Seventh and Federal streets; 
thence southward along Seventh to Morris street; thence 
westward along Morris street to Ninth street; thence 
northward along Ninth street to join their track at Ninth 
and Wharton streets; and the said company is authorized 
from time to time to extend and continue their track south¬ 
ward along Seventh and Ninth streets, and use any street 
south of Morris street to form a circuit; and the said com¬ 
pany is also hereby authorized to lay an additional track in 
Twenty-third street, between Wallace and Brown streets, 
and also to lay a track on Thompson street, from Franklin 
street to Front street; thence northward on Front street to 
Columbia avenue ; thence westward along Columbia avenue 
to Twenty-second street, with the privilege to lay a double 
track on Columbia avenue, west of Seventh street; thence 
southward along Twenty-second street to Master street; 
thence eastward along Master street to Seventh street; and 
the said company is authorized from time to time to extend 
and continue their track westward along Columbia avenue 
and Master street, and use any street west of Twenty-second 
street to form a circuit, under and subject to all the restric¬ 
tions and with all the privileges and immunities mentioned 
and contained in the act incorporating the said Union Pas¬ 
senger Railway Company, and the several supplements 
thereto. 

April 5, 1870. (P. L. 929.) 



.227 


Union. 


Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That dividends of so much of the profits of the said railway 
company as shall appear to be advisable to the directors 
shall be declared semi-annually, or quarterly, in each and 
every year, as the said directors shall see fit. 

Section 2. That the said company are hereby authorized 
to extend their track along Jefferson street, from Seventh 
street to Thirty-third street, and along Seventh street from 
Oxford street to Columbia avenue, and also to lay a double 
track on Market street, from Ninth street to Front street, 
under and subject to all the restrictions, and with all the 
privileges and immunities mentioned and contained in the 
act incorporating the said Union Passenger Railway Com¬ 
pany, and the several supplements thereto. 

March 13, 1872. (P. L. 339.) 


Whereas, The interests of the public demand that no 
corporation should have the monopoly of carrying passen¬ 
gers over the streets of a city between points which require 
the advantages of competition. 

Section 1. Be it enacted , £c., That in addition to the pow¬ 
ers and franchises heretofore granted to the Union Passen¬ 
ger Railway Company of Philadelphia, the said corporation 
shall have the following rights, privileges and franchises, to 
wit: To lay a double track of railway and railroad on Mar¬ 
ket street, in the city of Philadelphia, from any point or 
points west of the eastern curb of Front street, to any point 
or points east of the western curb of Ninth street, in said 
city, to connect both of said double tracks with the present 
railway of said corporation, now laid on Seventh street and 
on Ninth street, in said city ; to cross all railways and rail¬ 
roads now or hereafter to be laid on Market street, between 
Front street and Ninth street, at grade, and to intersect the 
same at grade; to run the cars of said corporation, and to 
carry passengers along and over the route hereby authorized ; 
to remove the cobble-stones and bed of highways, as may be 
necessary, for the laying of the tracks hereby authorized ; to 
put in said tracks all necessary loops, curves, frogs and 
switches; to connect the two tracks hereby authorized to be 
laid with a curve or curves, and to do all other things need- 


Dividends to 
be d e c lared 
semi-annually 
or quarterly. 


May lay addi¬ 
tional track. 


Preamble. 


Addit i o n a 1 
powers grant¬ 
ed. 



Union. 


228 


May be exer¬ 
cised without 
consent of 
councils. 


Authorized to 
extend their 
routes. 


Mav remove 
cobbleston e s, 
lay rails, etc. 


ful and necessa^ for extending the present route and rail¬ 
way of said corporation, from Ninth street to Front street, 
on said Market street. 

Section 2. The powers hereby granted may be exercised 
without the consent of the councils of the city of Philadel¬ 
phia ; and all laws and ordinances inconsistent herewith are 
hereby repealed. 

February 19, 1873. (P. L. 135.) 


Section 1. Be it enacted , That in addition to the pow¬ 

ers heretofore granted to the Union Passenger Railway Com¬ 
pany of Philadelphia, they shall have the following pow¬ 
ers and authorities: To extend their routes and lay tracks 
on Ellsworth street from Twenty-second street to Twenty- 
fifth street, on Twenty-fifth street from Ellsworth street to 
Christian street, on Christian street from Twenty-fifth street 
to Twenty-second street, on Seventh street from Oxford street 
to Columbia avenue, on Jefferson street from Seventh street 
to Thirty-first street, all in the city of Philadelphia, and on 
such other street or streets south of Christian street, west of 
Twentieth street, north of Columbia avenue and east of Third 
street, as the councils of the city of Philadelphia may, from 
time to time, permit or authorize to be used by said company 
with single or double tracks. 

Section 2. That said company shall also have power to re¬ 
move the cobble-stones and beds of the said streets, and to lay 
rails upon the same, and to use said tracks when laid for pas¬ 
senger car travel, and to charge tolls and fares therefor, to 
connect said new routes with each other, and with their old 
tracks, to lay curves and to construct circuits, to cross all 
other roads at grade, to put in all necessary crossings,frogs, 
turnouts and switches, and do all other things needful and 
necessary for carrying into effect the aforesaid powers; said 
company to be subject to all the restrictions and to have all 
the privileges and immunities in reference to said new routes 
and tracks as provided in the charter of said company and 
the several supplements thereto. 

November 22, 1873, (P. L. 1874, 444,) 



229 


Union. 


ORDINANCES. 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That his Excellency John W. Geary, Governor 
of the Commonwealth of Pennsylvania, is respectfully re¬ 
quested to withhold his signature from the bill granting the 
Union Passenger Railway the right to lay a double track on 
Market street, from Ninth to Front street, and that the 
Clerks of Councils transmit to the Governor a copy of the 
resolution. 

March 11, 1872. (Ords. 82.) 


Whereas , The tracks of the West Philadelphia Passenger 
Railway Company as they now exist on Market street, be¬ 
tween Front and Broad streets, and those of the Union Pas¬ 
senger Railway Company, as they now exist on Market 
street, between Ninth and Front streets, in the city of Phil¬ 
adelphia, are so laid as to occasion inconvenience to the 
business men along that highway, and to others having oc¬ 
casion to use the same ; therefore, 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Chief Commissioner of 
Highways be and he is hereby required to give notice to the 
West Philadelphia Passenger Railway Company, within ten 
days after service of said notice, to remove their tracks as 
now laid on Market street, between Front and Broad streets, 
in the city of Philadelphia, to the central part of said Mar¬ 
ket street, on such lines and in such contiguity a3 the Chief 
Engineer and Surveyor of the said city may direct; and in 
default thereof, the Chief Commissioner of Highways is 
hereby directed to cause the same to be done, and the City 
Solicitor in such case is directed to collect the cost of the 
same from the West Philadelphia Passenger Railway Com- 
pany. 

Section 2. That the Chief Commissioner of Highways is 
also required to give notice to the Union Passenger Railway 
Company, that within ten days after the service of said no¬ 
tice, they will be required to remove their tracks as now 
laid on Market street, between Front and Ninth streets, in 
the city of Philadelphia, to the central part of said Market 
street, on such lines and in such contiguity as the Chief En¬ 
gineer and Surveyor of the said city may direct; and in de- 


Governor re¬ 
quested to 
withhold con¬ 
sent to bill. 


To remove 
tracks to the 
centre of Mar¬ 
ket st. 


To remove 
tracks. 



Union. 


230 


fault thereof, the Chief Commissioner of Highways is hereby 
directed to cause the same to be done; the City Solicitor in 
4 such case is directed to collect the cost of the same from the 
Union Passenger Railway Company. 

Section 3. That the said tracks shall be so laid between 
Eighth and Ninth streets, as to maintain the connection be¬ 
tween the City railroad and the freight depots located in 

curves of city said square; the curves leading to said depots to be short - 
railroad to le a j n ±. 

preserved. ened, it required for that purpose. 

Section 4. This Ordinance shall not apply to that portion 
of Market street west of Ninth street, until the city railroad 
tracks are removed therefrom. 

Section 5. That the sum of five thousand dollars be and 
the same is hereby appropriated to the Department of High¬ 
ways for the purpose of carrying out the objects as set forth 
^Appropriation in this Ordinance. Warrants to be drawn by the Chief 
pa?tmS y de * Commissioner of Highways in conformity with existing 
ordinances. 

June 21,1873. (Ords. 322.) 


Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Chief Commissioners of Highways 
of ea tracks ei at instructed to proceed at once to readjust the tracks of the 

b road and Union Passenger Railway Company at Broad and Spring 
spnn g Garden Q ar q en streets, and that the cost of the same shall be paid 
out of Item 3 of the annual appropriation to the Department 
of Highways for the vear 1874, approved December 31st, 
1873. 

May 25,1874. (Ords. 215.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That in accordance with a further 
Authorized to supplement to an Act to incorporate the Union Passenger 
oo y iumbfa k Av°e n Railwa 7 Company of Philadelphia, approved November 22, 
nue. etc‘ 1873, said company are hereby permitted and authorized to 
lay a single track, from their present tracks on Columbia 
avenue, on Hancock street northwardly to Huntingdon street, 
and thence along Huntingdon street eastwardly to Howard 
street, and thence along Howard street southwardly to Co¬ 
lumbia avenue, and a double track from their present tracks 




231 


West End. 


on Columbia avenue on Twenty-seventh street, and thence 
southwardly on Twenty-seventh street to Poplar street, and 
thence along Poplar street with a single track westwardly to 
Twenty-ninth street, and thence southwardly on Twenty- 
ninth street to Brown street and Pennsylvania avenue, and 
to lay such curves and switches as may be needful to effect 
the circuits herein authorized and permitted. 

April 7, 1879. (Ords. 1880, 58.) 


WEST END PASSENGER RAILWAY COMPANY OF 
PHILADELPHIA. 


(Subsequently West End, Angora and Park Passenger 
Railway Company.) 


act of assembly. 

Section 1. Be it enacted, $c., That William B. Weir, Lewis corporators. 
F. Hilliard, Dr. J. B. Howard Gittings, John H. Schaeffer, 

John S. Newton, Henry G. Smith, George B. Garrett, Ben¬ 
jamin Sharp, B. B. Craycroft, Joseph Cofrode, John W. Ba¬ 
ker, James C. Adam, Joseph I. Keefe, Joseph Herbert, James 
M. Sellers, Samuel Townsend, Albert L. Murphy, Selah H. 

Clark, Franklin L. Altemus, Howard Kirk, Edward Lyster, 

George W. Freas, and their associates, or a majority of them, 
be and they are hereby constituted a body politic and corpo¬ 
rate, by the name, style and title of the West End Passen- Title 
ger Railway Company of Philadelphia, and as such shall 
have power to lay out and construct a passenger railway Power to con- 
along such route and streets as hereinafter provided, and and^arVpas 1 - 
carry passengers over the same for such rate and toll as said sengers. 
company may from time to time establish : Provided , That 
all exchanges with roads running east and west shall be Exchange with 
issued by said company for a single fare. other Roads. 

Section 2. That the said company shall be authorized to Routeof roa(1 
lay out and construct or cause to be laid out and constructed 
a railway in the city of Philadeiphia, to be used exclusively 
for passenger travel, beginning at the intersection of Thirty- 
ninth street and Baltimore avenue, with a single track and 
such turnouts as may be necessary, and extending north¬ 
easterly along Woodlands street to Thirty-eighth street; 
thence northwardly along Thirty-eighth street to Lancaster 





West Lnd. 


232 


avenue; thence along Lancaster avenue to Fortieth street; 
thence along 'Fortieth street to Elm avenue; thence along 
Elm avenue to Forty-first street; thence along Elm avenue, 
with a double track, to the western boundary of Fairmount 
Park; thence with a single track; connecting at Forty-first 
street and Elm avenue southward on Forty-first street to 
Lancaster avenue; thence along Lancaster avenue to For¬ 
tieth street; thence along Fortieth street to Baltimore ave¬ 
nue ; thence along Baltimore avenue to Thirty-ninth street; 
and the said company shall have power and authority to ex¬ 
tend their road in order to make another circuit by single 
track along Spruce street, from Fortieth street to Forty- 
fourth street; thence along Forty-fourth street to Pine 
street; thence along Pine street to Forty-second street; 
thence along Forty-second street to Baltimore avenue; thence 
along Baltimore avenue to Thirty-ninth street; and the said 
company shall have power and authority to lay a double 
track on Forty-first street north from Westminister avenue 
to Elm avenue, until Fortieth street be opened to Elm ave¬ 
nue, and a bridge be built on said Fortieth street across the 
Pennsylvania railroad, and also the right to use Westminister 
avenue Irom Fortieth street to Forty-first street, for the pur¬ 
pose of making a circuit; and the said company shall have 
power and authority to extend their road by single track 
from Forty-first street along Elm street to Thirty-fifth street.; 
thence along Thirty-fifth street to Powelton avenue ; thence 
along Powelton avenue to Thirty-sixth street; thence along 
Thirty-sixth street to Locust street; thence along Locust 
street to Fortieth street; and the said company shall have 
power and authority to continue said single track from 
Thirty-sixth street along Walnut street to Thirty-fourth 
street; thence along Thirty-fourth street to Elm street; 
thence along Elm street to Forty-first street; and said com¬ 
pany shall have the right in order to complete their route and 
make the circuits they deem necessary, to use in lieu of Thir¬ 
ty-fourth street and Elm street, east of Fortieth street, any 
two streets east of Thirty-fourth street and north of Haver- 
ford street; and the said company shall have the power and 
authority to extend their said road by double track along 
Baltimore avenue from Thirty-ninth street to Angora ; and 
the said company shall also have power and authority to ex¬ 
tend their tracks from Elm avenue unto and through Fair- 
mount park, with the consent of the F'airmount park Com¬ 
missioners ; and upon such conditions and under such rules 


233 


West End . 


and regulations as may be prescribed by the said Fairmount 
park commissioners; and the said company shall first lay 
out and construct that part of their road extending from 
Baltimore avenue along Thirty-eighth street, Fortieth street, 
Lancaster avenue, Forty-first street and Elm avenue to and 
from the western boundary of Fairmount park, and after¬ 
wards from time to time, as they may deem advantageous to 
the public, shall lay out and complete their road on the routes, 
streets and avenues herein designated : Provided , That the 
said company in constructing said railway shall conform to 
the grades now established or hereafter to be by law estab¬ 
lished, of the several streets and avenues traversed by said 
railway, and keep said streets and avenues between the 
tracks of said railway in perpetual good repair at the proper 
expense of said company ; and also that no freight or burden 
trains shall pass over said railway: Provided , That before 
the said company shall use and occupy the said streets and 
avenues, the consent of the councils of the said city of Phila¬ 
delphia shall be given ; and the said company shall be sub¬ 
ject to the ordinances of the said city of Philadelphia, regu¬ 
lating the running of passenger railway cars, and shall also 
be subject to pay such taxes as are now imposed by the or¬ 
dinances of the said city, not exceeding in rate or amount 
that paid by any other passenger railway company in the 
said city. 

Section 3. That said company shall have the right to 
cross at grade any railroad or railway that is now, or that 
may hereafter be built within the limits of the city of Phila¬ 
delphia, except the Pennsylvania railroad, and have the 
right to connect their railway with that of any other passen¬ 
ger railway company, within the limits of the said city, for 
the purpose of completing a route or making a circuit, and 
the right to run their cars upon such railway or railways, 
and upon such terms as may be agreed upon by such other rail¬ 
way company or companies, and the said West End Passenger 
Railway Company of Philadelphia; and in case the said 
railway companies cannot agree thereupon, then the district 
court for the city and county of Philadelphia, upon the pe¬ 
tition of either party, shall appoint three disinterested per¬ 
sons who shall fix the amount to be paid by the said West End 
Passenger Railway Company of Philadelphia, for the privi¬ 
lege of using the same, whose adjustment, upon confirmation 
by the said district court, shall be final and conclusive. 


What part to 
be first con¬ 
structed. 


To conform to 
estab 1 i s h e d 
grades * n d 
keep streets in 
repair. 


Prohibition. 

Consent of 
councils to be 
obtained. 


Subject to city- 
ordinances. 


Taxes. 


May cross at 
grade and con¬ 
nect with other 
roads. 


Run their cars 
on such roads. 


How compen¬ 
sation for use 
of roads deter¬ 
mined. 


West End. 


234 


Kight to pur¬ 
chase real es- 
t at e, erect 
buildings, etc. 


Capital stock. 


May borrow 
money and is¬ 
sue bonds. 


Dividends. 


When exceed¬ 
ing seven per 
cent, portion of 
excess to be 
paid park com¬ 
missioners. 
Election of di¬ 
rectors. 


Section 4. That the said company shall have the right to 
: purchase such real estate, and erect or cause to be erected 
such buildings and improvements thereon, from time to time, 
and hold and use the same ; and further to have the right to 
purchase and use all necessary equipments for the conveyance 
of passengers on and over said railway as may be deemed 
necessary and expedient for the purposes of said company. 

Section 5. That the capital stock of said company shall 
consist of six thousand shares, of the value of fifty dollars 
each, with the privilege of increasing the same, from time to 
time as required, to ten thbusand shares; and the said com¬ 
pany shall have the power of borrowing any sum of money 
not exceeding in amount one-half of their capital stock, and 
at a rate of interest not exceeding seven per centum per an¬ 
num, and to secure the payment of the same by the issue of 
bonds, to be secured by a mortgage of said railway, together 
with the corporate rights and franchises granted by this act: 
Provided also , That the said company shall issue no bond or 
certificate of loan of a less denomination than one hundred 
dollars. 

Section 6 . That the dividends of so much of the profits of 
said company as shall appear advisable to the directors, shall 
be declared in the months of January and July, in each and 
every year, and be paid at any time after ten days from the 
time of declaring the same; but such dividends shall in no 
case exceed the amount of the net profits of said company, 
so that the capital stock shall not be impaired thereby; and 
if said directors make any dividends impairing the capital 
stock of said company, the directors consenting thereto shall 
be liable in their individual capacities to said company for 
the excess so divided, and each and every director present 
when such dividend shall be declared, shall be considered as 
consenting thereto, unless he or they enter their protest upon 
the minutes of the board, and immediately give public notice 
thereof by publication every other day for three days, in a 
daily paper published in the city of Philadelphia, having the 
largest circulation ; and the said company shall annually pay 
to the commissioners of Fairmount park, for the improve¬ 
ment of said park, whenever the dividends exceed seven per 
centum on the capital stock, the sum of seven per centum on 
the excess thus declared. 

Section 7. That the said company shall have power to 
elect a board of nine directors, a majority of whom shall 
constitute a quorum, and who shall have the sole right of 


235 


West End. 


conducting the affair of said company, and who shall serve 
until the first Tuesday in November next, and until their 
successors be duly elected, and if for any reason any of said 
elections shall not be had at the time appointed, another 
time shall be appointed according to the by-laws of said com¬ 
pany for said purpose, not more than two months later than 
paid date; and the said directors shall supply all vacancies vacancies, 
in their board by death, resignation or otherwise, until the 
next annual election; but no person shall be elected a direc- Qualifications 
tor who shall not be at the time of the election a stockholder of dlrectors - 
in said company and a resident of the city of Philadelphia ; 
and in every election for directors each stockholder shall be 
entitled to one vote, either in person or by proxy, for each votes, 
share of stock held by him or her. 

Section 8. That the said directors shall have power to President and 
elect a president, secretary, treasurer, solicitor and such other other officers * 
officers as may be deemed necessary and expedient: Provided , 

That the president shall be elected from among the board of 
directors, and that no directors shall be eligible to hold any 
other office in the company other than that of president or 
solicitor. 

Section 9. That the said company shall have power to seal, by-laws, 
make, or have made, and to keep and use a common seal, &c * 
and the same to alter and renew at pleasure, and also to es¬ 
tablish and execute such by-laws and regulations as shall ap¬ 
pear to be necessary and convenient for the government of 
said corporation, and not being contrary to the constitution 
and laws of the United States or of this state, and generally 
to do and perform all and singular the matters and things 
which to them it shall lawfully appertain to do for the well¬ 
being of said corporation, and the proper management of the 
affairs thereof. 

April 15, 1873. (P. L. 791.) 


ORDINANCE. 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain and declare , Their consent to the con- Approvalof 
struction of the passenger railway authorized to be laid out route, 
and built by an Act of the General Assembly of the State of 
Pennsylvania, entitled “ An Act to incorporate the West 
End Passenger Railway Company of Philadelphia,” approved 



Proviso. 


West End. 286 

April 15th, 1873, on the following streets, viz : Beginning at 
the intersection of Thirty-ninth street and Baltimore avenue, 
and extending northeasterly along Woodlands street to Thir- 
ty-eighth street; thence along Thirty-eighth street to Lan¬ 
caster avenue; thence along Lancaster avenue to Fortieth 
street; thence along Fortieth street to Elm avenue; thence 
along Elm avenue to Forty-first street; thence along Elm 
avenue to the western boundary of Fairmount Park ; thence 
connecting at Forty-first street and Elm avenue, southward 
on Forty-first street to Lancaster avenue; thence along Lan¬ 
caster avenue to Fortieth street; thence along Fortieth street 
to Baltimore avenue; thence along Baltimore avenue to 
Thirty-ninth street, and in order to make another circuit, 
along Spruce street, from Fortieth street to Forty-fourth 
street; thence along Forty-fourth street to Pine street; thence 
along Pine street to Forty-second street; thence along Forty- 
second street to Baltimore avenue; thence along Baltimore 
avenue, to Thirty-ninth street, on Forty-first street north 
from Westminster avenue to Elm avenue, until Fortieth street 
be opened to Elm avenue, and a bridge be built on said 
Fortieth street across the Pennsylvania Railroad: thence on 
Westminster avenue from Fortieth street to Forty-first street, 
for the purpose of making a circuit; thence along Elm street 
to Thirty-fifth street; thence along Thirty-fifth street to 
Powelton avenue, to Thirty-sixth street; thence along Thirty- 
sixth street to Locust street; thence along Locust street to 
Fortieth street; thence from Thirty-sixth street along Wal¬ 
nut street to Thirty-fourth street; thence along Thirty-fourth 
street to Elm street: thence along Elm street to Forty-first 
street, and the said company in order to complete the circuits 
may use in lieu of Thirty-fourth street and Elm street, east 
of Fortieth street, any two streets east of Thirty-fourth street 
and north of Haverford street, and extend their road on Bal¬ 
timore avenue from Thirty-ninth street to Angora, also to 
extend their tracks from Elm avenue into Fairmount Park: 
Provided , That the officers of the said West End Passenger 
Railway Company before laying the tracks on the streets 
named, shall first enter into an agreement with the City of 
Philadelphia, that the said company will comply and be 
governed by all Ordinances now in existence, or which shall 
hereafter be passed, regulating the running of passenger rail¬ 
ways in the city of Philadelphia : And provided farther , That 
the said West End Passenger Railway Company shall first 
pay into the City Treasury the sum of twenty-five dollars to 
pay for the publication of this Ordinance: And provided fur- 


237 


West Philadelphia. 

ther , That the said road be constructed and completed on 
the said streets within two years from the date of approval 
of this Ordinance by the Mayor. 

May 30, 1873. (Ords. 251.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain, That permission be, and the same is, x 0 e x t e n <i 
hereby granted to the West End, Angora, and Park Passen- track - 
ger Railway Company to extend its track southward on 
Thirty-third street, from Walnut street to the middle of Lo¬ 
cust street, to connect with a proposed extension of the Lom¬ 
bard and South Streets track at that point: Provided., The 
said West End, Angora, and Park Passenger Railway Com¬ 
pany first pay to the < ity Treasurer the sum of fifty (50) dol¬ 
lars for the publication of this ordinance: And provided. 

That the fare charged by the said West End, Angora, and 
Park Passenger Railway Company shall not be more than 
five (5) cents. 

November 14, 1881. (Ords. 229.) 


WEST PHILADELPHIA PASSENGER RAILWAY 
COMPANY. 


ACTS OF ASSEMBLY. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 

That Constant M. Eakin, James Miller, Samuel A. Harrison, corporators. 
John R. Vogdes, J. Sidney Keen, James MTlvain, Richard 
Simpson, Isaac Leech, J. Alexander Simpson, C. K. Landis, 

J. Francis Knorr, Thomas Allibone, L. H. Twaddell, Augus¬ 
tus C. Jones, Edward B. Twaddell, Joseph Fareira, Frederick 
Server, Robert L. Martin, Edward Wartman, John A. House¬ 
man, John F. Gross, William Shriver, William Kieehline, 

Thomas Gillespie, Joseph S. Silver, Jeremiah Bonsall, John 
Todd, Abram R. Paul, James Cochran, Robert Hutchinson, 

Jonathan Bonsall, John Alexander, Robert Neely, Samuel 
Hutchinson, Charles Hartshore, Wm. H. Evans and Edward 
H. Bonsall, and their associates, who may become stockhold- 





Style. 


Powers. 


Stock. 


Koute of 
way. 


Conf o r m 
grades. 


Tolls. 


West Philadelphia . 238 

ers in the company hereby incorporated, be and they are 
hereby constituted a body politic and corporate, by the name, 
style and title of the West Philadelphia Passenger railway 
company, and as such shall have power to lay out and con¬ 
struct a passenger railway, and carry passengers over the 
same, along such route and street as hereinafter provided, 
• and for such rate or toll as may from time to time be estab¬ 
lished ; and the said company shall have the right to equip 
said road, and to purchase and hold such real estate, and to 
erect thereon such buildings and improvements as may be 
deemed expedient and necessary for the purposes of said 
company. 

Section 2. That the capital stock of said companj' shall 
consist of five thousand shares of fifty dollars each, with the 
privilege of increasing the same, from time to time, as re¬ 
quired, to ten thousand shares. 

, ail _ Section 3. That the said company shall be authorized to 
lay a double or single track of railway, to be used exclusively 
with horse-power and passenger travel, from the intersection 
of Till and Washington streets, in the Twenty-fourth ward 
of the city of Philadelphia, and extending eastward across 
the river Schuylkill by the Market street bridge, and along 
said Washington and Market streets to Delaware Third 
street, with the privilege of connecting with and using such 
parts of the West Chester and Philadelphia railroad, the 
Columbia railroad, and the said city railroad, or either of 
them, so far as may be necessary or convenient for the pur¬ 
pose of completing the said route for passenger railway travel 

t o between said points; and said railroad shall conform, as far 
as practicable, to the grades of streets of said city, as they 
no'w are, or as the same may be altered from time to time; 
and the iron rail, used in said road, shall be of such pattern 
and so laid as not to obstruct ordinary travel upon said streets : 
Provided , That the said West Philadelphia railway shall not 
connect with or use any part of the said West Chester and 
Philadelphia railroad, without the consent in writing of the 
directors of said company ; nor shall it connect with nor use 
any part of the said Columbia and Philadelphia railroad, 
without first having the consent in writing of the board of 
canal commissioners. 

Section 4. That the councils of said city may prescribe the 
tolls, not exceeding those charged in other cases, which the 
said company shall pay for the use of such portions of the 


239 


West Philadelphia. 

city railroad as may be necessary to complete the circuit of 
travel on said passenger railway, and to establish such regu¬ 
lations as shall be required for the convenience and safety of 
travel, and to prevent obstructions from freight trains, or 
otherwise, over the same. 

Section 5. That the parties hereinbefore named, or a ma- subscription to 
jority of them, may proceed to organize said company and st « ck - 
obtain subscriptions to the capital stock thereof, and after 
two thousand shares shall have been subscribed by not less 
than twenty persons, and at least ten per cent, paid in on said 
subscriptions, they shall provide by advertisement at least 
twice a week for two weeks, in two or more newspapers pub¬ 
lished in said city, for the election of a board of nine direc¬ 
tors, who shall serve until the first Tuesday of November 
next, and until their successors shall be duly elected; and 
annually thereafter upon the first Tuesday in November, the 
stockholders shall elect a similar board of directors to serve 
in like manner for one year, and until their successors shall 
be duly elected; and if for any reason any of said elections Election, 
shall not be held at the time appointed, another time shall be 
appointed according to the by-laws of said company for said 
purpose, not more than two months later than said date ; and 
the said directors shall supply all vacancies in their board by vacancies, 
death, resignation, or otherwise, until the next annual elec- h0WSU PP lied - 
tion; but no person shall be elected a director who shall not 
be at the time a stockholder in said company. 

Section 6. That the said directors shall have power to elect officers, eiec- 
a president, treasurer, and such other officers, being citizens tlonof * 
of Pennsylvania, as may be deemed necessary and expedient; 
and in every election for directors each stockholder shall be 
entitled to one vote for each share of stock, not exceeding ten 
shares, and one vote for every five shares exceeding that num¬ 
ber ; but no stockholder, whether original subscriber or as¬ 
signee, shall be entitled to vote at any election or meeting of 
said company, unless the whole sum due and payable on the 
share or shares by him or her held at the time, shall have 
been fully paid and discharged. 

Section 7. That the said company shall have power to seal, 
make and have a common seal, the same to alter and renew 
at pleasure; and also, to establish and execute such by-laws 
and regulations as shall appear to be necessary and conve¬ 
nient for the government of said corporation, and not being 
contrary to the constitution and laws of the United States, 


Dividends. 


Power to ex¬ 
tend road. 


May take land. 


When f o com¬ 
mence road. 


West Philadelphia . 240 

or of this State, and generally to do and perform all and sin¬ 
gular the matters and things which to them it shall lawfully 
appertain to do for the well-being of said corporation, and 
the proper management of the affairs thereof. 

Section 8. That the dividends of so much of the profits of 
said company as shall appear advisable to the directors, 
shall be declared in the months of January and July in each 
and every year, and be paid at the office of said company, 
any time after ten days from the time of declaring the same, 
but said dividends shall in no case exceed the amount of the 
net profits of said company, so that the capital stock thereof 
shall be impaired thereby; and if said directors shall make 
any dividend impairing the capital stock of said company, 
the directors consenting thereto shall be liable in their indi¬ 
vidual capacities to said company for the excess so divided; 
and each director present when such dividend shall be de¬ 
clared shall be considered as consenting thereto, unless he or 
they enter their protest upon the minutes of the board, and 
give public notice of the same; and the said company shall 
annually pay into the treasury of the city of Philadelphia, 
for the use of said city, whenever the dividends shall exceed 
six per centum per annum on the capital stock, the sum of 
six per centum on the said dividends thus declared. 

Section 9. That said company shall have power to extend 
their said road from Till and Washington streets, to Block- 
ley avenue, or Sixty-fifth street, by way of Logan street, 
Haverford road and Vine street: Provided, That no plank 
road or turnpike shall be occupied, except in crossing, with¬ 
out the consent of the company owning the same. 

Section 10 . That said company, for the purpose of making 
a proper connection with the Columbia railroad, near the 
line of the West Chester and Philadelphia railroad, shall 
have the power to take such land as may be necessary; in 
the same manner, and subject to the same" conditions as pro¬ 
vided in the act to incorporate the West Chester and Phila¬ 
delphia railroad company, approved the eleventh day of 
April, Anno Domini one thousand eight hundred and forty- 
eight. 

Section 11. That the road herein authorized shall be com¬ 
menced within one year, and finished within two years from 
the date hereof. 


241 


West Philadelphia. 

Section 12. That before the said company shall use and consent of 
occupy the said streets, the consent of the councils of the city gouneUs to be 
of Philadelphia shall be first given ; and said consent shall 
be taken and deemed to be given, if the said councils shall 
not, within thirty days after the passage of this act, by ordi¬ 
nance duly passed, signify their disapproval thereof; and 
said councils may from time to time, by ordinance, establish 
such regulations in regard to said railway, as may be re¬ 
quired for the paving, re-paving, grading, culverting and 
laying of water and gas pipes in and along said streets, and 
to prevent obstructions thereon; and the said company, be¬ 
fore commencing to run their cars upon the said street, shall 
purchase, at the option of the owner of the line of omnibuses, Purchase of 
now licensed as the Market Street line, the stock of horses, omnibuses, & c- 
harness and omnibuses owned and used in said line at the 
time of the completion of said road, at a price to be assessed 
in the following manner, to wit:—The said owners shall 
choose one disinterested person, and the said company shall 
choose a second person, and the two thus chosen shall select 
a third, or if they shall fail or refuse to act, then the court 
of common pleas of said city and county, upon the applica¬ 
tion of either party, and notice to the other party shall ap¬ 
point the third, and the three together thus chosen or ap¬ 
pointed, shall appraise such stock, and the valuation thus 
arrived at shall be binding and final. 

Section 13. Provided, That the privileges hereby granted Limitation 
shall continue for the period of twenty years, and no longer, 
unless extended or renewed bv the legislature. 

May 14, 1857. (P. L. 1858, 585.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General 
Assembly met, and it is hereby enacted by the authority of the same, 

That the West Philadelphia Passenger railway company be 

and the same is hereby authorized to borrow any sum or May borrow 

sums of money for the purpose of constructing and equipping money. 

their road, not exceeding the sum of one hundred thousand 

dollars, and to issue their bonds therefor in such sums and 

for such rates of interest, not exceeding seven per cent., and 

payable at such times as the president and directors of the 

said road may deem expedient; and to secure the payment 

of said loan, the said company is authorized to mortgage all 

or any of its property, real or personal: Provided , That no rroviso> 

bond shall be issued for a less sum than one thousand dollars. 



242 


West Philadelphia . 

Authorized to Section 2. That the said company is hereby authorized to 
extend road, extend their said road to any part of the Twenty-fourth 
ward, in the city of Philadelphia, along any of the public 
Proviso. streets or highways thereof: Provided, however, That said 
company shall first present to the councils of said city a plan 
and statement, exhibiting the route of any such proposed ex¬ 
tension, and if councils shall not within sixty days there¬ 
after, by ordinance disapprove thereof, the consent of coun- 
Proviso. cils shall be deemed to be given thereto: And provided fur¬ 
ther, That nothing herein contained shall authorize the 
change of any part of the route of the said road in the Twen¬ 
ty-fourth ward, as located in the act to which this is a sup¬ 
plement ; and that the said company, before commencing to 
run their cars upon any of the said streets, shall purchase, at 
the option of the owners of the lines of omnibuses licensed to 
run on said streets, the stock of horses, omnibuses, sleighs 
and harness owned and used in the said lines, upon the terms 
and conditions prescribed by the twelfth section of the act to 
which this is a supplement, in respect to the Market Street 
line. 

April 8, 1858. (P. L. 226.) 


Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 
Sale of bonds That it is hereby declared to be the true intent and mean- 
usumus? 1 not ' m g °f the first section of a supplement to an act to incor¬ 
porate the West Philadelphia Passenger railway company, 
approved the fourteenth day of May, one thousand eight 
hundred and fifty-seven, and its true and legal effect shall 
be, that in all cases where said railway company has issued, 
or may hereafter issue, bonds, certificates of loan, or eviden¬ 
ces of indebtedness, executed by this company, and has dis¬ 
posed, or may hereafter dispose of the same, at less than their 
par value, such transactions shall not be deemed usurious, 
or in violation of any law of this commonwealth prohibiting 
the taking of more than six per cent, interest. 

April 11, 1859. (P. L. 455.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 
§“ n au That from and after the passage of this act, the West Phila- 




243 West Philadelphia. 

(lelphia Passenger Railway company shall have power and 
authority to extend their road along Market street, from the 
present terminus of their road at Third street, to Front street, 
to be constructed and used in conformity with the provisions 
of the act to which this is a supplement. 

Section 2. That at all elections for directors, after the pas¬ 
sage of this act, each and every share of stock of said com¬ 
pany shall entitle the holder or holders thereof to one vote. 

Section 3. That the said the West Philadelphia Passenger 
railway company shall annually pay into the treasury of the 
city of Philadelphia, for the use of the said city, whenever 
the dividends, declared by said company, shall exceed six per 
cent, per annum on the capital stock thereof, a tax of six per 
centum on such excess over six per centum thus declared. 

Section 4. That so much of the act incorporating this 
company, as may be altered or supplied by this act, or which 
may be inconsistent herewith, be and the same is hereby re¬ 
pealed : Provided, That nothing herein contained shall au¬ 
thorize the change of any part of the route of the said road, 
in the Twenty-fourth ward, as located by the act incorpora¬ 
ting said company. 

May 16, 1861. (P. L. 697.) 


Whereas, By the forty-second section of an act, entitled 
“An Act to provide for the ordinary expenses of government, 
the repair of the canals and railroads, and other general and 
special appropriations,’’ approved the fifteenth day of April, 
Anno Domini one thousand eight hundred and fifty-one, the 
canal commissioners were authorized, and required, to draw 
their warrants on the state treasurer, for certain sums of 
money, awarded to the stockholders of the West Philadel¬ 
phia Railroad Company: 

And whereas, The board of canal commissioners has since 
been abolished; therefore, 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 
That the auditor general be and is hereby authorized, and 
required, to draw his warrant, or warrants, upon the state 
treasurer, for any sums of money awarded, and still due, to 
the stockholders of the West Philadelphia Railroad Company. 
April 22, 1863. (P. L. 560.) 


Votes. 


Tax upon ex- 
cess of divi¬ 
dends to be 
paid into city 
treasury. 


Repeal. 


Proviso. 


Auditor Gener¬ 
al to pay suras 
awarded. 



244 


Repeal of pro¬ 
vision limiting 
term of charter 


Requirements 
as to running 
cars, between 
certain streets 


Authorized to 
sell certain real 
estate. 


West Philadelph io . 

Section 1. Be it evaded by the Senate and House of Represen¬ 
tatives of the. Commonwealth of Pennsylvania in General Assem¬ 
bly met , and, it is hereby enacted by the authority of the same , 
That the thirteenth section of an act, approved May four¬ 
teenth, one thousand eight hundred and sixty-seven, entitled 
“ An Act to incorporate the West Philadelphia 1'assenger 
Railway Company,” which provides that the privileges 
granted the said company shall continue for a period of 
twenty years and no longer, be arid the same is hereby re¬ 
pealed ; and that all the privileges, granted by the said act 
of incorporation, to the West Philadelphia Passenger Railway 
Company, and its supplements, shall be held to have been 
granted, as if the restrictions and proviso, in the said thir¬ 
teenth section, had never formed a part thereof. 

Section 2. That said company shall.hereafter maintain, in 
good order, that portion of their road between Forty-first and 
Sixty-fifth streets, and shall run cars upon the same, at least 
one every half hour, from Forty-first to Sixty-fifth streets, 
and at least one every half hour from Sixty-fifth to Forty - 
first streets, commencing every day, except Sunday, at not 
later than half-past six o’clock, A. M., and continuing until 
eight o’clock, P. M., inclusive, and after eight o’clock, P. M., 
they shall run at least three trips up, and three trips down, 
at intervals of one hour each. 

March 10, 1865. (P. L. 313.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the West Philadelphia Passenger Railway Company 
be and they are hereby authorized and empowered to sell and 
convey all that certain lot or piece of ground, situate on the 
south side of Market street at a distance of about three hun¬ 
dred feet westward from the west side of Thirt\-third street, 
in the Twenty-seventh ward of the city of Philadelphia, con¬ 
taining in front, on Market street, one hundred feet, and ex¬ 
tending in depth southward two hundred and fourteen feet, 
six inches, to Oak or Ludlow street, with the depot and other 
improvements thereon, the same being deemed unnecessary 
for the use of said company by the board of directors ; and 
such sale may be made either at public or private sale, for 



245 West Philadelphia. 

such price and upon such terms as the said board of direc¬ 
tors may think fit; and the purchaser of said premises shall 
not he bound to see to the application of the purchase 
money. 

April 11, 1868. (P. L. 816.) 


Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General Ms- 
sembly met , and it is hereby enacted by the authority of the same , 
That in all cases in which the tracks of the West Philadel¬ 
phia Passenger Railway Company are now crossed or may 
hereafter be crossed by private siding tracks leading from 
the main tracks of the city railroad upon Market street, in 
the city of Philadelphia, into depots, warehouses or other 
premises fronting upon said street, it shall be the duty of the 
owner or owners of said tracks to provide and adopt such 
style of frogs, for the crossing of the tracks of said passenger 
railway company, as may be approved by said company, and 
to repair or renew said frogs from time to time as it may be¬ 
come necessary ; and in the event of any failure to observe 
and comply with the requirements of this act, after ten days’ 
notice in writing so to do, it shall and may be lawful for the 
said passenger railway company to cause such frogs to be 
placed at such crossings, or cause them to be repaired or re¬ 
newed as the case may require, at the expense of the owner 
or owners of the premises, and to enter a lien therefor against 
the premises into which such siding may lead; said lien to 
be filed in the manner provided for in the acts of assembly 
relating to the liens of mechanics and material-men, and to 
be enforced in the manner provided for in said laws. 

April 26, 1870. (P. L. 1278.) 


Section 1. Be it enacted , That the commissioners for 
the erection of public buildings, in the city of Philadelphia, 
be and they are hereby authorized to remove the tracks of 
said West Philadelphia Passenger Railway Company now laid 
through Penn Square, in said city, and to lay such new tracks 
in lieu thereof, on either side or both sides of the site of the 
new public buildings now in process of erection on said Penn 
square, to connect with the present tracks of said company, 


Frogs at cross¬ 
ings by private 
tracks to be 
approved by 
company. 


Commissioners 
of public build¬ 
ings authoriz¬ 
ed to remove 
tracks. 




246 


West Philadelphia. 

as shall be necessary and proper to allow of the convenient 
passing, by the cars of the said West Philadelphia Passen¬ 
ger Railway Company, of the obstacle which is presented by 
the new public buildings; and the said West Philadelphia 
Passenger Railway Company are hereby authorized and em¬ 
powered, whenever said new tracks are or shall be laid and 
connected with their present tracks extending eastward and 
westward from Penn square, to use the same and run their 
cars thereon as fully to all intents and purposes as if the said 
new tracks had been specifically provided for in the act of 
incorporation of said company, approved May fourteenth, one 
thousand eight hundred and fifty-seven ; and any tracks 
heretofore laid by the said commissioners on either side or 
both sides of the site of the said new public buildings with 
a view of connecting, as aforesaid, 'with the present tracks of 
said West Philadelphia Passenger Railway Company, are 
hereby authorized and approved as if the same had been laid 
under the express authority of this act: Provided , That noth¬ 
ing in this act shall be construed to allow the tracks of said 
railway to be connected across said Market street at or near 
Penn square: Provided., That said company shall not have 
any claim for damages against said city, in consequence of 
said change of tracks. 

December 18, 1873. (P. L. 1874, 457.) 


ORDINANCES. 

Resolved, By the Select and Common Councils of the 
To prevent lay- of Philadelphia, That the City Solicitor be, and he is 
on g Market c ^t s bereb y directed to take such measures as may be necessary 
bridge. ' to prevent the West Philadelphia Passenger Railroad Com¬ 
pany from laying their rails on the bridge over the river 
Schuylkill at Market street, until said Company make such 
satisfactory arrangements with the City in regard to the form 
of rails, &e., as will prevent embarrassment to the ordinary 
travel on said bridge. 

November 2, 1«57. (Ords 339.) 


Resolved, By the Select and Common Councils of the City 
of Philadelphia, That in pursuance of the power vested in 

Disapproval of the . Councils of the . Cit J by an Act of Assembl , approved 
plans. ‘ April 8th, 1858, entitled U A Supplement to an Act to Incor- 



247 


West Philadelphia. 

porate the West Philadelphia Passenger Railway Company/’ 
approved the 14th day of May, A. D. 1857, they hereby de¬ 
clare their disapproval of the plans submitted* by the said 
West Philadelphia Passenger Railway Company, for the ex¬ 
tension of their road over parts of Woodland, Chestnut and 
William streets, to Woodland Cemetery, in the Twenty- 
fourth Ward. 

November 5, 1858. (Ords. 427.) 


Section 1. The Select and Common Councils of the city of 
Philadelphia do ordain, That the sum of two hundred dollars 
and eighteen cents be, and the same is hereby appropriated 
to the Department for supplying the City with water for the 
following purposes, to wit:— 

****** 

8. To pay the West Philadelphia Passenger Railway Com- Appropriation 
pany twenty-five dollars and eighty-four cents, for amount ment'by com¬ 
over-paid for water-pipe in front of their premises, north-west pany * 
corner of Forty-first and Haverford streets, in the Twenty- 
fourth Ward. 

****** 

December 29, 1858. (Ords. 509.) 


Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, That the assent of the City of 
Philadelphia be, and is hereby given to the West Philadel¬ 
phia Passenger Railway Company to construct the railway of 
said company on the Market street Bridge, under the super¬ 
vision and direction of the Highway Department; provided consent tocon 
the said company shall, within ten days from the passage of ?a r iYway 1 on 
this Ordinance, file in the office of the City Solicitor a writ- Mark e un!er 
ten obligation, sufficient in law to bind such CompRny to ob- certain condi- 
serve and be subject to all the restrictions, limitations, terms tlons * 
and conditions of an Ordinance of said City, entitled “An 
Ordinance to regulate Passenger Railways,” approved July 
7th, 1857, and to all other Ordinances of said City, in rela¬ 
tion to Passenger Railways, which may be in force at the 
time of the execution of said obligation, and all such as may 
thereafter be passed; and provided, also, that the said Com- 




248 


West Philadelphia. 

pany shall pay annually to the City, twenty dollars toll for 
each car passing over said bridge, (as provided for by the 
Act of the General Assembly, authorizing the construction 
of the rail wav of said Company on said bridge;) and pro¬ 
vided, also, that said Company shall keep the southern road¬ 
way of the bridge occupied by them in good order and re¬ 
pair ; and provided, also, that in laying their tracks through 
Market street they shall not interfere with the use of the City 
Railroad, nor of private turn-outs constructed in connection 
with the City Railroad ; and provided further, that the pro¬ 
visions of the second section of An Ordinance approved April 
16th, 1*58, entitled “An Ordinance relating to certain Pas¬ 
senger Railway Companies, shall applv to all railways to 
which conditional assent of Councils has heretofore been 
granted, in lieu of any other like provision, so as to make the 
same conform to the regulations respecting the Railway Com¬ 
panies mentioned in the said recited Ordinance, and all Or¬ 
dinances or parts of Ordinances, inconsistent herewith, be and 
the same is hereby repealed. 

March 3, 1859. (Ords. 122.) 


1. Resolved, By Select and Common Councils of the City 
of Philadelphia, * * * * 

4. Resolved, That when the West Philadelphia Passenger 
Railroad Company furnishes for that purpose all the neces¬ 
sary timber, cast-iron rail, joint-plates and spikes, the De¬ 
partment of Highways is hereby authorized to lay a double 
tracks for track of the City Railroad along Market street, from a point 
city laiiioad. eag f. street, westward to a point west of Seven¬ 

teenth street, so as to intersect the road at present laid in a 
continuous line therewith, and to pay the cost and expenses 
of laying the said track, (exclusive of the paving,) out of 
Item 10 of the appropriations made to the Department by 
the Ordinance approved February 2, 1859; the said work to 
be done under the direction of the Chief Engineer and Sur¬ 
veyor and the supervision of the Superintendent of the City 
Railroad, and when the same is finished and completed, the 
old tracks of the City Railroad, along the distance whereon 
the new tracks are laid, and all the materials therein, shall 
become and be the property of the West Philadelphia Pas¬ 
senger Railroad Company. 

November 9, 1859. (Ords. 356.) 



249 West Philadelphia. 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That the West Philadelphia Pas¬ 
senger Railroad Company have the consent and permission Authorized to 
of Councils to construct a double track of railway on Market Market st. 
street, commencing at the terminus of their road (Third and below rhud * 
Market streets) and extending along the south side of Mar¬ 
ket street to Front street, and thence along Front street to 
the north side of Market street, and thence along the north 
side of Market street to Third and Market streets, the place 
ofbegining; to the end that they may be enabled to run 
their passenger cars to Front street and return, for the better 
accommodation of parties doing business along the eastern 
portion of the city. 

April 27, 1860. (Ords. 210.) 


Resolved, By the Select and Common Councils of the 
City of Philadelphia, * * * * 

4. Resolved, That the West Philadelphia Passenger 
Railway Company are hereby authorized to lay an addi- track 1 on°Mar- 
tional railway track on Market street, east of Eighth street, Jf£ ht e h ast of 
as near the middle of said street as shall be directed by the 
Chief Engineer and Surveyor of the city : Provided , That the 
said railway Company shall first give full and sufficient se¬ 
curity, to be approved by the City Solicitor, that they will, 
so soon as the said track is completed and ready for use, re¬ 
move all the track and turn-outs now used by them between 
Eighth and Third streets, and will re-pave the space from 
which the said track and turn-outs shall be removed, in such 
manner and to such extent as may be directed by the De¬ 
partment of Highways. 

July 18, 1860. (Ords. 328.) 


Whereas, By ordinance approved April 1st, 1859, it is 
provided “that each and every Passenger Railway Company 
shall pay into the office of the Chief Commissioner of High¬ 
ways, in the month of Januarv of each year, for the use of 
the city, the sum of thirty doilars for each car intended to 
be run upon the road.” And whereas, the West Philadel¬ 
phia Passenger Railway Company have not complied with 
the provisions of said Ordinance, whereby, according to the 
fifth Section thereof, they have incurred the penalty of five 




250 


West Philadelphia . 

dollars for each and every day since the first day of January, 
A. D. 1860; and whereas , the said Company have not paid 
the said penalty or any part thereof, now, therefore : 

Section 1. The Select and Common Councils of the City 
To stop run- of Philadelphia do ordain, That the Chief Commissioner of 
and enforce tax Highways is hereby directed to stop the running of all cars 
and penalty, upon the road of the West Philadelphia Passenger Railway 
Company, until they shall have paid the sum of thirty dol¬ 
lars for each and every car run on their road, and the ac¬ 
crued penalties due by them under the fifth section of an or¬ 
dinance approved April 1st, 1859. 

October 24, 1860. (Ords. 878.) 


Reserved , By the Select and Common Councils of the City 
of Philadelphia, That permission is hereby given to the West 
depot° utatnew Philadelphia- Passenger Railway Company to construct a 
turnout from their main tracks upon Market street, west of 
Thirty-third street, into a new passenger depot about to be 
erected by said Company on premises purchased by them for 
that purpose, on the south side of Market street between 
Thirty-third and Thirty-fourth streets. 

March 30, 1864. (Ords. 145.) 


Resolved , By the Select and Common Councils of the City of 
Philadelphia , That the consent of the Select and Common 
Councils is hereby granted to the West Philadelphia Pas- 
track? x * e n d senger Railway Company for the* extension of their track 
from its present terminus at Sixty-fifth and Vine streets, 
along Sixty-fifth street to Haverford street, thence along 
llaverford street to Sixty-sixth street, and that the plan on 
liie in the office of the Chief Engineer and Surveyor, a dupli¬ 
cate of which is herewith presented, be and the same is 
hereby approved. 

October 28, 1868. (Ords. 412.) 


Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the West Philadelphia Passen¬ 
ger Railway Company be and they are hereby authorized to 
extend their road from their depot, at Forty-first and Haver- 





251 


West Philadelphia. 

ford streets, along Haverford street to Fortieth street, thence Extension of * 
along Fortieth street to Elm avenue, thence along Elm avenue route - 
to Belmont avenue, thence along Belmont avenue to a point 
north of the line of Fairmount Park, as shown by a plan of 
this extension prepared by the District Surveyor, thence hack 
from said point along said Belmont avenue to Elm avenue, 
thence along said Elm avenue to Forty-first street, and thence 
along said Forty-first street to their said depot, the place of 
beginning. Also from their main track running west at 
Fortieth and Market streets, north along said Fortieth street, 
connecting at Haverford street with the above described ex¬ 
tension from their depot: Provided , That the said Company Proviso, 
pay to the City Treasurer twenty-five dollars to pay for the 
publication of this Ordinance : And provided further, That as 
regards that portion of the above-described route which lies 
within the bounds of Fairmount Park, the said Company 
shall first obtain the consent of the Commissioners of Fair- 
mount Park. 

November 1, 1870. (Ords. 496.) 


Whereas , The tracks of the West Philadelphia Passenger 
Bailway Company as they now exist on Market street be¬ 
tween Front and Broad streets, and those of the Union Pas¬ 
senger Railway Company as they now exist on Market street, 
between Ninth and Front streets, in the City of Philadelphia, 
are so laid as to occasion inconvenience to the business men 
along that highway, and to others having occasion to use the 
same ; therefore 

Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain , That the Chief Commissioner of 
Highways be and he is hereby required to give notice to the 
West Philadelphia Passenger Railway Company, within ten 
days after service of said notice, to remove their tracks as change of Mar- 
now laid on Market street, between Front and Broad streets, ket st. tracks, 
in the City of Philadelphia, to the central part of said Mar¬ 
ket street, on such lines and in such contiguity, as the Chief 
Engineer and Surveyor of the said City may direct; and in 
default thereof, the Chief Commissioner of Highways is 
hereby directed to cause the same to be done, and the City 
Solicitor in such case is directed to collect the cost of the 
same from the West Philadelphia Passenger Railway Com¬ 
pany. 



Pr e s e r v i n g 
tracks and 
curves of city 
railroad. 


Extension of 
route for west¬ 
ern circuit. 


Relaying track 
on new grade. 


West Ph iladelph ia. 252 

Section 2. That the Chief Commissioner of Highways is 
also required to give notice to the Union Passenger Railway 
Company, that within ten days after service of said notice, 
they will be required to remove their tracks as now laid on 
Market street, between Front and .Ninth streets, in the City 
of Philadelphia, to the central part of said Market street, on 
such lines and in such contiguity as the Chief Engineer and 
Surveyor of the said City may direct; and in default there¬ 
of, the Chief Commissioner of Highways is hereby directed 
to cause the same to be done; the City Solicitor in such case 
is directed to collect the cost of the same from the Union 
Passenger Railway Company. 

Section 3. That the said tracks be so laid between Eighth 
and Ninth streets, as to maintain the connection between the 
City railroad and the freight depots located in said square; 
the curves leading to said depots to be shortened, if required 
for that purpose. 

Section 4. This Ordinance shall not apply to that portion 
of Market street west of Ninth street, until the City railroad 
tracks are removed therefrom. 

Section 5. That the sum of five thousand dollars be and 
the same is hereby appropriated to the Department of High¬ 
ways for the purpose of carrying out the objects as set forth 
in this Ordinance. Warrants to be drawn by the Chief 
Commissioner of Highways in conformity with existing 
Ordinances. 

June 21, 1873. (Ords. 322.) 


Resolved by the Select and Common Councils of the City of 
Philadelphia , That the West Philadelphia Passenger Railway 
Company be and they are hereby" authorized to lay tracks 
on Haverford street, from Fifty-third to Sixty-fifth street, 
and on Vine street, from Haverford street to Fifty-fourth 
street, for the purpose of making a circuit on the western 
end of their line: Provided , That said company first pay to 
the City Treasurer for the use of the City the sum of twenty- 
five dollars to pay for the publication of this resolution. 

September 17, 1873. (Ords. 430.) 


Resolved by the Select and Common Councils of the City of 
Philadelphia, That the Chief Engineer and Surveyor of the 
City r be instructed and directed to furnish to the Chief Com- 




253 


West Philadelphia. 

missioner of Highways the proper lines and grades for the 
railway tracks on Market street, west of Third street. 

Resolved , That the Chief Commissioner of Highways be 
and he is hereby instructed and directed as soon thereafter 
as he may receive the proper lines and grades from the Chief 
Engineer and Surveyor, to proceed and have the track of 
the railway company on Market street west of Third street, 
taken up and relaid according to the new lines and grades 
as may be furnished by the Chief Engineer ana Surveyor of 
the City. The expense for doing said work to be paid out 
of Item 3 of an appropriation to the Department of High- 
wavs, approved December 31, 1873. 

June 13, 1874/ (Ords. 235.) 


Section 1 . The Select and Common Councils of the City of Phil¬ 
adelphia do ordain , That permission be and is hereby granted 
to the West Philadelphia Passenger Railway Company to To use steam 
use improved steam street cars upon the tracks of their road: cars * 
Provided , That the sum of fifty dollars, to pay for the publi¬ 
cation of this Ordinance, shall be paid into the City Trea¬ 
sury : And provided further, That the rate of fare for the car¬ 
riage of passengers by said railway company in said steam 
cars shall not exceed five cents per passenger: And provided 
further, That the City of Philadelphia reserves the right to 
revoke this permission by the passage of an ordinance to 
that effect. 

June 2, 1876. (Ords. 141.) 


Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain, That the plans presented by the West Approval of 
Philadelphia Passenger Railway Company of the proposed track^ 1 ° na 1 
additional track on Haverford avenue from Forty-first to 
Fifty-third streets, and on Powelton avenue and Thirty 
second street, in the Twenty-fourth Ward, be, and the same 
are, hereby approved, and said company is hereby author¬ 
ized to lay the said additional tracks: Provided, That the 
sum of fifty dollars be first paid into the City Treasury for 
printing this ordinance. 

June 14, 1880. (Ords. 86.) 














































255 


General Laws . 


GENERAL LAWS RELATING TO PASSENGER 
RAILWAY COMPANIES. 


CONSTITUTION OF THE STATE OF PENNSYLVANIA (1874). 


ARTICLE XVII. 

Section 9. No street passenger railway shall be constructed 
within the limits of any city, borough or township without 
the consent of its local authorities. 


ACTS OF ASSEMBLY. 

An Act relative to Passenger Railway Companies in the 
City of Philadelphia. 

Section 1 . Be it enacted by the Senate and House of Bepre- 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met, and it is hereby enacted by the authority of the same, 
That in all cases where the appraisers, appointed to assess 
the amounts to be paid by any passenger railway company 
in the city of Philadelphia, shall have failed, or shall here¬ 
after fail to agree in their appraisement of the property re¬ 
quired to be purchased by such company by their act of 
incorporation, it shall be competent for the district court of 
said city to appoint three capable and disinterested persons, 
whose duty it shall be, after having been duly sworn or 
affirmed, to proceed to make a just and true appraisement of 
the actual cash value of said property, agreeably to the act 
of incorporation of said company, and tile a copy of their 
appraisement in the said district court, within thirty days 
after their appointment, and the decision by a majority of 
said appraisers, shall be final and conclusive, when approved 
by the judges of said district court: Provided , That after 
the appointment of such appraisers it may be lawful for the 


District Court 
to appoint ap¬ 
praisers to as¬ 
sess value of 
property pur¬ 
chased by com¬ 
panies. 


Proviso as to 
dismissal of in¬ 
junction. 





General Laws. 


256 


Security. 


Authority to 
mortgage road 
and franchises 
for security of 
bonds. 


Limitation of 
actions for in¬ 
juries or death. 


court which may have granted any injunction against any 
passenger railroad company of the said city, in consequence 
of the failure of the appraisers to agree upon and lix the 
value of the property to be appraised as aforesaid, on the 
application of any such company, to remove or dismiss such 
injunction: Provided , The said company shall tender good 
security for the payment of the value of the property to be 
ascertained, according to the provisions of this act. 

March 24, 1859. (P. L. 289.) 


An Act for the better security of the holders of the bonds 
of Passenger Railways in the city of Philadelphia. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same. 
That every act of assembly authorizing any Passenger Rail¬ 
way company in the city of Philadelphia to issue bonds, 
shall be construed to authorize such company to mortgage 
their road and franchises to secure such bonds. 

April 2, I860. (P. L. 562.) 


An Act to limit the time within which suits in certain cases 
shall be brought against passenger railway companies 
in the county of Philadelphia. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As • 
sembly met , and, it is hereby enacted by the authority of the same , 
That hereafter no suit against any passenger railway com¬ 
pany (whose route is wholly within the county of Philadel¬ 
phia) for damages for injuries or death shall be brought, 
unless the same shall be within six months from the time 
the right of action shall accrue. 

April 4,1868. (P. L. 714.) 


An Act to define the duties and liabilities of passenger rail¬ 
way corporations in the city of Philadelphia. 

Section 1 . Be it enacted by the Senate and House of Represen¬ 
tatives of the Commonwealth of Pennsylvania in General Assem¬ 
bly met , and it is hereby enacted by the authority of the same , 
That the several passenger railway corporations in the city of 





257 


General Laws. 


Philadelphia shall pa}? annually to the said city, in the 
month of, January, the sum of fifty dollars, as required by Tax of $50 per 
their charters,'for each car intended to be run over their roads car * 
during the year, and they shall not be obliged to pay any 
larger sum; and said city shall have no power, by ordinance Restriction on 
or otherwise, to regulate passenger railway companies, un- clty * powei - 
less authorized so to do by the laws of this commonwealth, 
expressly in terms relating to passenger railway corporations 
in the city of Philadelphia: Provided , That nothing con¬ 
tained in this act shall be construed to release said compa¬ 
nies from keeping in good repair the streets on which their Repairs to 
rails are laid, and from paying to the city the additional streets * 
cost of constructing sewers along the line of their roads, 
under an act approved May eighth, one thousand eight hun¬ 
dred and sixty-six. 

April 11,1868. (P. L. 849.) 


An Act to protect the health of the citizens of Philadelphia. 

Section 1. Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That from and after the passage of this act it shall not be 

lawful for any passenger railway company, or their officers, 

agents, employees, or any other person or persons, to use salt use of salt pro- 

on any passenger railway tracks or street within the corpo- lubited - 

rate limits of "Philadelphia ; and each violation of this act 

shall he a misdemeanor, and shall subject the offender, after 

indictment and conviction in the court of quarter sessions of 

said city, to a penalty not exceeding one thousand dollars, or Penalty. 

an imprisonment not exceeding six months, or both, or 

either, at the discretion of said court. 

April 17, 1869. (P. L. 1120.) t 


An Act to secure to the citizens of this Commonwealth the 
free use and enjoyment of Fairmount Park, in the city 
of Philadelphia, and to prevent the construction of any 
railroad therein. 

Whereas, The City of Philadelphia, under authority con¬ 
ferred by an’ act of Assembly, approved March twenty-sixth, 
A. D. one thousand eight hundred and sixty-seven, and the 




General Laws. 


258 


No railroad to 
be const'ucted 
in Fairmount 
Park. 


Repealing act 
prohibiting use 
of salt as to 
certain r a 11 - 
roads. 


several supplements thereto, has purchased a large body of 
land within the limits of said city, and laid out and im¬ 
proved the same as a public park, known as Fairmount 
Park, and has expended several millions of dollars in the- 
purchase and improvement of the same ; 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 
That the city of Philadelphia is hereby required to maintain 
and keep open the said Fairmount Park for the free use and 
enjoyment of all the citizens of the State, subject to the rules 
adopted for the good order and government of the same \ 
and in consideration of the compliance of the said city with 
the requirements of this act, the State of Pennsylvania 
hereby declares and agrees, that no railroad shall ever here¬ 
after be constructed within the limits of the said Fairmount 
Park: Provided , That nothing in this act shall be construed 
to interfere with the rights already acquired by any railroad 
company, whose tracks are now laid within the limits of 
said Fairmount Park. 

March 16, 1870. (P. L. 451.) 


An Act to repeal an act entitled “An Act to protect the 
health of the citizens of the city of Philadelphia,’' ap¬ 
proved the seventeenth day of April, one thousand eight 
hundred and sixty-nine, so far as relates to the Frank- 
ford and Southwark Passenger Railroad, north of the 
Berks street depot, and the Second and Third Street 
Passenger Railroad, north of York street. 

Section 1 . Be it enacted by the Senate and House of Repre¬ 
sentatives of the Commonwealth of Pennsylvania in General As¬ 
sembly met , and it is hereby enacted by the authority of the same , 

That so much of the act, entitled “An Act to protect the 
health of the citizens of Philadelphia,” approved the seven¬ 
teenth day of April, one thousand eight hundred and sixty- 
nine, which prohibits salting the railway tracks in said city, 
be and the same is hereby repealed, so far as relates to the 
Frankford and Southwark Passenger Railroad, north of the 
Berks street station, and the Second and Third Street Pas¬ 
senger Railroad, north of York street, and all the passenger 
railroad tracks west of the Schuylkill river and the Ger- 
mantown Passenger Railway Company, from Diamond street 
to their depot in Germantown, in the Twentv-second ward. 

October 8, 1870. (P. L. 1871, 1558.) 





259 


General Laics. 


An Act to provide for a permanent Centennial Exposition 
building for the people of the Commonwealth, in the 
city of Philadelphia. 

Section 5. That in order to provide revenue to enable the street Passen- 
State to meet the appropriation hereinbefore made, on or be- companfeVJ 
fore the first day of July, Anno Domini one thousand eight ^maki^quar- 
bundred and seventy-three, all street passenger railway com- teny returns of 
panies now incorporated in the city of Philadelphia shall t ’ ° SS ieceip s ' 
make returns to the state treasurer under oath of the proper 
otficers, stating the gross receipts of each of said companies 
from the passage of this act until said return is made, and 
like quarterly returns shall be made by said companies there- To pay tax., 
after until the first day of April, Anno Domini one thousand 
eight hundred and seventy-seven, inclusive ; and with each 
report there shall be paid by said street passenger railway 
companies to the state treasurer three per centum of such gross Tax to be 
receipts, which revenue shall be placed by the state treasurer JJ la Centennial 
to the credit of the centennial anniversary fund ; and all anniversary 
meneys paid by said state treasurer, on account of the appro- Moneys to be 
priations hereinbefore made, shall be paid out of said centen raid from said, 
nial anniversary fund until the same is exhausted, and the 
residue, if any required to be paid during any one year, shall 
be paid out of any moneys in the treasury not otherwise ap¬ 
propriated. On the first day of April, Anno Domini one ^£1 tax 
thousand eight hundred and seventy-seven, the tax upon the 
gross receipts of said railroad companies shall cease and de¬ 
termine. Any of said street passenger railway companies companies ac- 
which shall, within thirty days after the passage of this act, beexemptfrom 
file with the state treasurer an official acceptance of its pro- bating 6 ? iar- 
visions, shall thereupon, each and every of them, be released ters. 
from any penalty or penalties to which they or any of them 
might be liable under any proceeding in law or equity for 
any violation of the provisions of their charters, respectively, 
prior to the passage of this act; and the faith of the state is 
hereby pledged to such accepting companies that the legal not s to S reduce 
rate of fares said companies are now authorized to collect ® n f ie s s uch 
shall not be reduced by legislative enactment before the first 
day of April, Anno Domini one thousand eight hundred 
and seventy-seven. Any street passenger railway companies companies 
incorporated after the passage of this act shall also report hereafter in^ 
their gross receipts and pay the tax on the same from and report receipts 
after they commence to carry passengers, as hereinbefore and P aytax - 
provided. 

March 27, 1873. (P. L. 50.) 


General I jaws. 


260 


Other than 
horse p o w e r, 
permitted. 


Proviso. 


Five cent fares 


Councils may 
consent to ex¬ 
tension of rail¬ 
ways. 


An Act relating to the use of motive power upon passenger 
railways. 

Section 1. Be it enacted , That passenger railways in 

any and all cities of the first class of this commonwealth 
may use other than animal power in the carriage of passen¬ 
gers in their cars whenever authorized so to do by the coun¬ 
cils of such city, and the limitations contained in any of the 
charters of passenger railway companies restricting them to 
the use of horse power be and the same are hereby repealed: 
Provided farther, That the councils of such city shall not ex¬ 
ercise any of the powers conferred by this act, except such 
railway com pan v shall reduce their fares to five cents for a 
single ride on said railway. 

May 8, 187$. (P. L. 14A) 


An Act to authorize cities of the first class to consent to the 
extension of street passenger railways. 

Section 1 . Be it enacted. , ^c., That the councils of any 
city of the first class are hereby empowered, in all cases of 
passenger railways which have been authorized heretofore 
and now laid in the streets of said city, to consent to the 
further construction and extension of the lines of said rail¬ 
ways, from any point at which there is an existing construc¬ 
tion, along any street already used by them, and over any 
street or streets not occupied by any passenger railway, or 
the right to use which street or streets for passenger railway 
purposes has not been granted by any act of assembly of this 
‘Commonwealth, for a distance not exceeding six hundred 
feet on any one street; and if necessary to use any street or 
portion of street already occupied by the track of another 
•company, or granted aforesaid, in order to complete a route 
■or make a circuit, it shall be lawful, with consent of the said 
•councils, to la}^ a track thereupon, for a distance not exceed¬ 
ing six hundred feet, or with the consent of the company 
whose track is already laid thereon, to use such* track; and, 
in such latter case compensation shall be made to the com¬ 
pany whose track may thus be used, by annually paying to 
the said company six per centum on the one-half cost of that 
portion of the track so used and one-half of the cost of keep¬ 
ing it and the street in repair; Provided , That no passenger 
railway company shall be authorized by virtue hereof & to 
extend its tracks over any streets whatsoever, exceeding in 
the aggregate eighteen hundreu feet in distance. 




201 


General Laces , 


Section 2 . The provisions of this act shall not inure to Not to benefit 
the benefit of any corporation, unless such corporation shall, SSiess°th a ev°ac- 
before claiming the benefits of this act, file in the office of °ept article 16 
the secretary of the commonwealth an acceptance of the pro- ofconstitution ’ 
visions of article sixteen of the constitution of the common¬ 
wealth ; which acceptance shall be made by resolution 
adopted at a regular or called meeting of the directors of 
such corporation, which shall be certified under the seal of 
the corporation and filed in the office of the secretary of the 
commonwealth; and a copy of such resolution under the 
seal of the office of the secretary of the commonwealth, shall 
be evidence for all purposes. 

April 30,1878, (P. L. 88.) 


An Act to provide for the incorporation and government of 
street railway companies in cities of the third, fourth 
and fifth classes, and in the boroughs and townships in 
this commonwealth. 

Section 1 . Be it enacted , That any number of persons street railway 
not less than five (5) may form a company for the purpose of b^incorpo 7 
constructing, maintaining and operating a street railway, for latect. 
public use in the conveyance of passengers, and for that pur¬ 
pose may make and sign articles of association, in which 
shall be stated the name of the company, the number of 
years the same is to continue, the length of such road as near 
as may be, the amount of the capital stock of the company, 
which shall not be less than three thousand dollars (3,000) 
for every mile of road proposed to be constructed, and the 
number of shares of which said capital stock is to consist, 
and the names and places of residence of a president and not 
less than four (4) nor more than twelve (12) directors of the 
company, who shall manage its affairs until the first annual 
meeting thereafter and until others are chosen in their 
places; each subscriber to such articles of association shall Articles of as 
subscribe thereto his name, place of residence, and the num- station, 
ber of shares of stock he agrees to take in said company ; 
on compliance with the provisions of the second section of 
this act, such articles of association shall be acknowdedged 
by at least three (3) of the directors, before some officer com¬ 
petent to take acknowledgments of deeds, in the county 
where the office of the company is designed to be located, 
and may be filed in the office of the secretary of the com¬ 
monwealth, who shall endorse thereon the day on which 



General Laws. 


262 


they were filed, and record the same in a book to be pro¬ 
vided by him for that purpose; whereupon the governor 
Letters patent, shall issue his letters patent, creating the persons who have 
so subscribed such articles of association, and all persons 
who shall have become stockholders in such company, a cor¬ 
poration by the name specified therein, and shall possess the 
power and privileges following, namely : 

corporate I. To have succession by its corporate name for the period 
powers. limited in its articles of association : 

II. To sue and be sued, complain and defend, in any court 
of law or equity : 

III. To make and use a common seal, and alter the same 
at pleasure: 

TV. To hold, purchase and convey, subject to existing 
laws, such real and personal estate as the purposes of the 
corporation shall require, not exceeding the amount limited 
in the articles of association : 

Y. To appoint such officers and agents as the business of 
the corporation shall require, and to allow them a suitable 
compensation : 

YI. To make by-laws not inconsistent with any existing 
laws, for the management of its property and regulation of 
its affairs, and for the transfer of its stock. 

When articles Section 2. Such articles of association shall not be filed 
may erecoid- an( j recor( ] e( ] \ n the office of the secretary of the common¬ 
wealth, until at least two thousand ($2,000) dollars of stock 
for every mile of railroad proposed to be made or subscribed 
thereto, and ten per centum paid thereon in good faith and 
in cash to the directors named in said articles of association, 
nor until there is endorsed thereon or annexed thereto an 
affidavit made by at least three of the directors named in 
said articles, that the amount of stock required by this sec¬ 
tion has been in good faith subscribed, and ten per centum 
paid in cash thereon as aforesaid, and that it is intended in 
good faith to construct and to maintain and operate the road 
mentioned in such articles of association, which affidavit 
shall be recorded with the articles of association as afore¬ 
said. 




263 


General Laws. 


Section 3. When such articles of association are filed and 
recorded in the office of the secretary of the commonwealth, 
the directors named therein shall, in case the whole of the 
capital stock is not before subscribed, keep an open book for 
subscriptions at their office, giving such notice as they may 
deem expedient, and shall continue to receive subscriptions 
until the amount of capital stock required shall be sub¬ 
scribed : Provided , That no subscription shall be valid, un¬ 
less at the time of subscribing, such subscriber shall pay to 
the directors ten per centum of the amount of such subscrip¬ 
tion in cash. 

Section 4. Any company incorporated under this act, 
shall have authority to construct such extensions or branches 
as it may deem necessary to increase its business and accom¬ 
modate the travel of the public. 

Section 5. Whenever any company incorporated under 
this act shall, in the opinion of the directors thereof, require 
•an increased amount of capital stock in order to complete 
and equip their road and carry out the full intent and mean¬ 
ing of their articles of association, they shall, if authorized 
by a majority of the stockholders at a meeting for that pur¬ 
pose, file with the secretary of the commonwealth a certifi¬ 
cate, setting forth the amount of such desired increase, and 
thereafter such company shall be entitled to have such in¬ 
creased capital as is fixed by said certificate: Provided, That 
the original amount of stock and increased capital shall in 
no case exceed thirty thousand dollars ($30,000) per mile. 

Section 6. The president and directors of any railroad 
company created under this act, shall have power to borrow 
money not exceeding the amount of capital stock subscribed, 
and issue the bonds of the company therefor, in such 
amounts as shall not exceed double the amount actually paid 
up of the capital stock subscribed, the proceeds whereof 
shall be actually expended in the construction and equip¬ 
ment of their roads, these bonds to be payable, at such times 
not exceeding twenty (20) years after the date thereof, and 
at such place, and at such rates of interest not exceeding 
seven per centum per annum, as said directors may deem 
best, and may secure the payment of said bonds and interest 
by a mortgage on said road and franchises. 

Section 7. The capital stock of such company shall be di¬ 
vided into shares of fifty ($50) dollars each, and shall be 
• called in and paid at such times and places, and in such pro- 


Subscriptions 
to stock not 

E reviously ta- 
en. 


Authority to 
construct ex¬ 
tensions and 
branches. 


Increase of 
capital. 


rower to bor¬ 
row money. 


Capital stock, 
shares and pay¬ 
ment of. 


General Laws. 


264 


portions and installments, not, however, exceeding five ($5) 
dollars per share, in any period of thirty (30) days as the 
directors shall require, of which public notice shall be given 
for at least two weeks preceding the times appointed for that 
purpose, in one or more newspapers published in the county 
where said railroad shall be located; and if any subscriber 
shall neglect to pay such installment so called for at the 
time and place appointed, he, she or they shall be liable to 
pay, in addition to said installment, at the rate of one per 
centum per month for the delay of such payment; and if the 
same and the additional penalty, or any part thereof, shall, 
remain unpaid for the period of six months, he, she or they 
shall, at the discretion of the directors, forfeit for the use of 
the company all right, title and interest in and to every and 
all share or shares, on account of which such default in pay¬ 
ment may be made, as aforesaid, or the directors may, at 
their option, cause suit to be brought before any competent 
tribunal for the recovery of the amount due on such shares, 
together with the penalty of one per centum per month, as 
aforesaid; and in the event of a forfeiture, the share or 
shares so forfeited, may be disposed of at the discretion of 
the president and directors, under such rules and regulations 
as may be prescribed by the by-laws; no subscriber shall be 
entitled to vote at any election nor at any general or special 
meeting of the company, on whose share or shares any ar¬ 
rearages may be due more than thirty (30) days next pre¬ 
ceding said election or meeting; Provided , That no forfeiture 
or stock shall release or discharge the owner thereof from 
any liabilities or penalties incurred prior to the time of such 
forfeiture; when such stock shall have been-paid in full, the 
Certificates, board of directors shall cause certificates for the same to be 
issued, to the parties entitled thereto, signed by the presi¬ 
dent, and countersigned by the treasurer, and sealed with 
Transfers. the corporate seal of the company, which certificate shall be 
transferable at the pleasure of the holder, on the book of the 
company, in person or by attorney duly authorized, in pres¬ 
ence of the president or treasurer, and the assignee aforesaid 
shall thereupon be a member of said corporation. 

Election of Section 8 . The stockholders of such company shall meet 
directors and on secon( ^ Monday in January in every year, at their 
office, of which public notice shall be given at least two 
weeks previously, by the secretary, in the manner prescribed 
in section seven, and choose by a majority of the votes pres¬ 
ent, a president and the number of directors prescribed by 



265 


General Laws. 


the by-laws, not less than four (4) nor more than twelve (12), 
for the ensuing year, who shall continue in office until the 
next annual meeting and until others are chosen, at which 
annual meeting the said stockholders shall have full power Annual^meet* 
and authority to make, alter or repeal, by a majority of ho?ders Stoc 
votes given, any or all such by-law T s, rules, orders and regu¬ 
lations, and do and perform such other corporate acts as may 
be deemed advisable. The stockholders may meet at such 
other times as they may be summoned by the president and 
directors, in such manner and form and upon such notice as 
may be prescribed by the by-laws ; and the president, on the meetings P may 
request' in writing of any number of stockholders represent- be called, 
ing not less than one-tenth in interest, shall call a special 
meeting, giving the like notice and stating specifically the 
objects of the meeting, and such objects and no other shall 
be acted on at such meetings. 

Section 9. The election for directors provided for in this ^ow ^tions 
act shall be conducted, as follows: The directors at their ed. 
regular meeting next preceding the times of the annual elec¬ 
tion, shall appoint three (3) stockholders to be judges of the 
said election and to hold the same, and the persons so ap- ?ere C not 0 to°be 
pointed shall not be eligible to an election as director at said eli gibie. 
election, and shall respectively take and subscribe an oath of Tobe sworn, 
affirmation, before an alderman or notary public, well and 
truly and according to law, to conduct such election to the 
best of their‘knowledge and ability; and the said judges Their powers, 
shall decide upon the qualifications of voters, and when the 
election is closed shall count the votes and declare who have 
been elected. Whenever any judge or judges appointed as 
above, shall fail to attend the meeting of stockholders, and cers U to attend 
whenever any board of directors shall neglect or refuse to etc - 
appoint such judges, then and in such cases it shall be com¬ 
petent for the stockholders of such company at their annual 
meeting to supply any vacancy or select proper persons to 
conduct the election aforesaid; and if at any time it shall eiect^iot u> 
happen that an election of directors shall not be made at the dissolve corpo- 
time specified, the corporation shall not for that reason be 
dissolved, but it shall be lawful to hold and make such elec¬ 
tion of directors on any day within three (3) months there¬ 
after, by giving at least ten (10) days previous notice of the 
same, in manner aforesaid; in case of the death or resigna- Vacancies, 
tion of a director, or failure to elect in case of a tie vote, the 
vacancy may be filled by the board of directors ; at all elec- votes, 
tions by the stockholders each share of stock shall entitle 


General Laws. 


266 


Annual state- 
111 e n t s to be 
laid before 
stockholders. 


Dividends. 


Office. 


the holder thereof to one vote, and each ballot shall have 
endorsed thereon the number of shares thereby represented, 
but no share or shares transferred within sixty (60) days 
next preceding anv election shall entitle the holder or hold¬ 
ers thereof to vote at any such election, nor shall any proxy 
be received or entitle the holder to vote, unless the same 
shall bear date and have been duly executed within three (3) 
months next preceding such election. 

Section 10. At each annual meeting of the stockholders 
of such company, the president and directors of the preced¬ 
ing year shall exhibit to them a full and complete statement 
of the affairs and proceedings of the company for such year, 
with all such matters as may be necessary to convey to the 
stockholders a full knowledge of the condition and affairs of 
said company ; and the said president and directors of every 
such company shall, whenever required, furnish to the legis¬ 
lature or either branch thereof, a full and authentic report 
their affairs and transactions, or such information relating 
thereto as may be demanded of them. 

Section 11. The dividends of so much of the profits of 
such company as shall appear advisable to the directors, shall 
be declared in the months of July and January, in each and 
every year, and be paid to the stockholders or their legal 
representatives, on application at the office of such company, 
at any time after the expiration of ten days from the time 
of declaring the same; but the said dividends shall in no 
case exceed the amount of the net proffts actually acquired 
by the company, so that the capital stock shall never be im¬ 
paired thereby; and if the said directors shall make any 
dividend which shall impair the capital stock of the com¬ 
pany, the directors consenting thereto shall be liable in their 
individual capacities to said compairy for the amount of 
capital stock so divided, recoverable by action of debt as in 
other cases, and each director present when such dividend 
A.all be declared, shall be considered as consenting thereto, 
unless he forthwith enter his protest on the minutes of the 
board, and give public notice to the stockholders of the 
same. 

Section 12. Every company organized under this act, 
shall maintain an office in the city where said railroad is 
located, for the transaction of its business, where transfers 
of its stock shall he made and books kept for inspection by 
its stock and bondholders. 


267 


General Laws. 


Section 13. Companies formed under the provisions of 
this act, shall have the right to construct the roads so as to 
cross at grade the track or tracks of any other railroad along 
the line ot their route. 


Section 14. It is hereby made the duty of each railroad 
corporation incorporated under this act to make out and re¬ 
turn to the auditor general an annual report, according to a 
form to be prescribed by the said auditor general, embracing 
in detail the operations and affairs of the said corporation 
during the preceding year up to and including the thirty- 
first. day of October, and such other information as the said 
auditor general shall direct, blank forms of the same to be 
forwarded by the said auditor general to such railroad corpora¬ 
tions on or before the first day of October in each year. The 
said report to be attested by the oath or affirmation of the 
president or acting superintendent and the treasurer of the 
company, and to be forwarded to the auditor general on or 
before ihe first day of December of each year; every such 
corporation which shall refuse or neglect to make such re¬ 
port shall be liable to a penalty of five hundred ($500) dol¬ 
lars to the use of the commonwealth for every such refusal 
or neglect, to be sued for and recovered as debts of like 
amounts are or may be by law recovered. 

Section 15. The councils of any such city shall have the 
power to grant to any passenger railway company already 
incorporated the right to use such portion of the tracks of 
any other company already laid down as may be deemed 
necessary, upon proper compensation being made for such 
use, and upon the failure to agree as to the amount of such 
compensation within thirty days from such grant by coun¬ 
cils, the court of quarter sessions of the proper county, upon 
petition of either corporation, shall appoint three disinter¬ 
ested persons as appraisers who shall fix the amount of such 
compensation. The court shall, upon appeal, have power to 
approve or modify the report of the viewers, or upon jury 
trial being demanded within ten days from the confirmation 
of the proceedings, the court shall direct a jury trial accord¬ 
ing to the course of the common law. 

Section 16. No street passenger railway shall be con¬ 
structed within the limits of any city, borough or township, 
without the consent of the local authorities thereof. 

May 23, 1878. (P. L. 111.) 


Right to cross 
other roads. 


To make re¬ 
port to auditor 
general. 


Penalty for ne¬ 
glect. 


Councils may 
authorize the 
use of tracks of 
other compa¬ 
nies. 


C ompensation 
therefor. 


Consent of lo¬ 
cal authorities 
to be obtained. 


General Laics. 


268 


An Act relative to the use of motive power upon passenger 
railways in cities of the second and third class. 

May use other Section 1 . Be it enacted, $c., That passenger railways, in 
power. 01 b any city of the second and third class of this commonwealth, 
may use other than animal power in the carriage of passen¬ 
gers in their cars, whenever authorized so to do by the 
councils of such cities; and the limitations contained in any 
of the charters of passenger railway companies operating in 
such cities, restricting them to horse power, be and the same 
is herebv repealed. 

May 24,1878. (P. L. 118.) 


An Act to provide for the incorporation, and for the gov¬ 
ernment and regulation of street railway companies 
now incorporated or which may hereafter be incorpo¬ 
rated, in cities of the second and third class, in this 
commonwealth. 

street railway Section 1 . Be it enacted, $c., That in cities of the second 
be m mcorp S orat^ anf ^ third class, any number of persons not less than five (5) 
ed- may form a company for the purpose of constructing, main¬ 

taining and operating a street railway for public use in the 
conveyance of passengers, and for that purpose may make 
and sign articles of association, in which shall be stated the 
name of the company, the number of years the same is to be 
continued, the termini, the route, the length of such road as 
near as may be, the amount of the capital stock of the com¬ 
pany which shall not be less than three thousand dollars 
($3,000) for every mile of road proposed to be constructed, 
and the number of shares of which said capital stock is to 
consist, and the names and places of residence of a president 
and not less than four (4) nor more than twelve (12) direc- 
Articies of as- tors of the company who shall manage its affairs until the 
first annual meeting thereafter and until others are chosen 
in their places ; each subscriber to such articles of associa¬ 
tion shall subscribe thereto his name, place of residence, and 
the number of shares of st#ck he agrees to take in said com¬ 
pany ; on compliance w r ith the provisions of the second sec¬ 
tion of this act, such articles of association shall be acknowl¬ 
edged by at least three (3) of the directors before some offi¬ 
cer competent to take acknowledgments of deeds in the 
county where the office of the company is designed to be 
located, and may be tiled in the office of the secretary of the 


269 


General Laws. 


•commonwealth, who shall endorse thereon the day on which 
they were filed, and record the same in a book to be pro¬ 
vided by him for that purpose, whereupon the governor 
shall issue his letters patent creating the persons who have 
so subscribed such articles of association and all persons who 
shall become stockholders in such company a corporation 
by the name specified therein, and shall possess the power 
and privileges following, namely : 

I. To have succession by its corporate name for the period 
limited in its articles of association, 

II. To sue and be sued, complain and defend in any court 
of law or equity. 

III. To make and use a common seal, and alter the same 
at pleasure. 

1Y. To hold, purchase and convey, subject to existing 
laws, such real ,and personal estate as the purposes of the 
corporation shall require, not exceeding the amount limited 
in the articles of association. 

Y. To appoint such officers and agents as the business of 
the corporation shall require, and to allow them a suitable 
compensation. 

YI. To make by-laws, not inconsistent with any existing 
laws, for the management of its property and regulation of 
its affairs, and for the transfer of its stock. 

Section 2. Such articles of association shall not be filed 
and recorded in the office of the secretary of the common¬ 
wealth, until at least two thousand ($2,000) dollars of stock 
for every mile of railroad proposed to be made or subscribed 
thereto "and ten per centum paid thereon in good faith and 
in cash to the directors named in said articles of association, 
nor until there is endorsed thereon or annexed thereto an 
affidavit made by at least three of the directors named in 
said articles that the amount of stock required by this sec¬ 
tion has been in good faith subscribed and ten per centum 
paid in cash thereon as aforesaid, and that it is intended in 
good faith to construct, and to maintain and operate the 
road mentioned in such articles of association, which affi¬ 
davit shall be recorded with the articles of association as 
.aforesaid. 


Letters patent. 


Corporate pow¬ 
ers. 


When articles 
may be record¬ 
ed. 


General Laics . 


270 


Sw^scripUons Section 3. When such articles of association are filed and 

to Stock not ....... rr* „ , p , 

previously ta- recorded m the office of the secretary of the commonwealth, 
the directors named therein shall, in case the whole of the 
capital stock is not before subscribed, keep an open book for 
subscriptions at their office, giving such notice as they may 
deem expedient, and shall continue to receive subscriptions 
until the amount of capital stock required shall be sub¬ 
scribed : Provided , That no subscription shall be valid unless 
at the time of subscribing such subscriber shall pay to the 
directors ten per centum of the amount of such subscription 
in cash. 

j^thjrity to Section 4 Any company now incorporated or which may 

tensions and hereafter be incorporated under this act, shall have authority 
to construct such extensions or branches as it may deem 
necessary to increase its business and accommodate the 
travel of the public. 

capital^ se ° f Section 5. Whenever any company now incorporated or 

which shall hereafter be incorporated under this act shall, 
in the opinion of the directors thereof, require an increased 
amount of capital stock in order to complete and equip their 
road and carry out the full intent and meaning of their arti¬ 
cles of association, they shall, if authorized by a majority of 
the stockholders at a meeting for that purpose, file with the 
secretary of the commonwealth a certificate setting forth the 
amount of such desired increase, and thereafter such com¬ 
pany shall be entitled to have such increased capital as is 
fixed by said certificate : Provided, That the original amount 
of stock and increased capital shall in no case exceed thirty 
thousand dollars ($30,000) per mile. 

rownwney 01 ’ Section 6. The president and directors of any railroad 
company created under this act, shall have power to borrow 
money not exceeding the amount of capital stock subscribed, 
and issue the bonds of the company therefor in such amounts 
as shall not exceed double the amount actually paid up of 
the capital stock subscribed, the proceeds whereof shall be 
actually expended in the construction and equipment of their 
roads, these bonds to be payable at such times not exceeding 
twenty (20) years after the date thereof, and at such place 
arid at such rate of interest not exceeding seven per centum 
per annum as said directors may deem best, and may secure 
the payment of said bonds and interest by a mortgage on 
said road and franchises. 


271 


General Laics . 


Section 7. The capital stock of such company shall be di- sharesandpay- 
vided into shares of fifty (50) dollars each, and shall be called mentof. 
in and paid at such times and places, and in such propor¬ 
tions and installments, not however exceeding five (5) dol¬ 
lars per share in any period of thirty (30) days a 3 the direc¬ 
tors shall require, of which public notice shall be given for 
at least two weeks preceding the times appointed for that 
purpose in one or more newspapers published in the county 
where said railroad shall be located; and if any subscriber 
shall neglect to pay such installments so called for at the 
time and place appointed, he, she or they shall be liable to 
pay, in addition to said installment, at the rate of one per 
centum per month for the delay of such payment, and if the 
same and the additional penalty or any part thereof shall re¬ 
main unpaid for the period of six months, he, she or tlie}^ 
shall, at the discretion of the directors, forfeit for the use of 
the company all right, title and interest in and to every and 
all share or shares on account of which such default in pay¬ 
ment may be made as aforesaid, or the directors may at 
their option cause suit to be brought before any competent 
tribunal for the recovery of the amount due on such shares, 
together with the penalty of one per centum per month as 
aforesaid ; and in the event of a forfeiture, the share or 
shares so forfeited may be disposed of at the discretion of the 
president and directors under such rules and regulations as 
may be prescribed by the by-laws; no subscriber shall be 
entitled to vote at any election nor at any general or special 
meeting of the company on whose share or shares any ar¬ 
rearages maybe due more than thirty (80) days next preced¬ 
ing said election or meeting : Provided , That no forfeiture of 
stock shall release or discharge the owner thereof from any 
liabilities or penalties incurred prior to the time of such for¬ 
feiture ; when such stock shall h r 4 ve been paid in full, the 
board of directors shall cause certificates for the same to be certificates, 
issued to the parties entitled thereto, signed by the president 
and countersigned by the treasurer, and sealed with the cor¬ 
porate seal of the company, which certificate shall be trans- Transfers, 
ferable at the pleasure of the holder on the book of the com¬ 
pany, in person or by attorney duly authorized, in presence 
of the president or treasurer, and the assignee aforesaid shall 
thereupon be a member of said corporation. 

Section 8. The stockholders of such company shall meet ^uienfSnd 
on the second Monday in January in every year at their directors, 
office, of which public notice shall be given at least two 


General Laws. 


272 


weeks previous^ by the secretary, in the manner prescribed 
in section seven, and choose by a majority of the votes pres¬ 
ent a president and the number of directors prescribed by 
Annual meet- the by-laws, not less than four (4) nor more than twelve (12), 
holders. soc< ’ for the ensuing year, who shall continue in office until the 
next annual meeting and until others are chosen, at which 
annual meeting the said stockholders shall have full power 
and authority to make, alter or repeal by a majority of votes 
given any or all such by-laws, rules, orders and regulations, 
and do and perform such other corporate acts as may be 
deemed advisable; the stockholders may meet at such other 
times as they may be summoned by the president and direc¬ 
tors, in such manner and form and upon such notice as may 
be prescribed by the by-laws ; and the president, on the re¬ 
quest in writing of any number of stockholders representing 
special meet- not less than one-tenth in interest, shall call a special meet- 
mgss. ing, giving the like notice, and stating specifically the ob¬ 

jects of the meeting, and such objects and no others shall be 
acted on at such meetings. 

t'oTe conduct- Section 9. The election for directors provided for in the 
ed * act shall be conducted as follows: The directors at their 

regular meeting next preceding the times of the annual elec¬ 
tion shall appoint three (3) stockholders to be judges of the 
Election offi- said election and to hold the same, and thepersonssoap- 
ce^is not eigi- posited shall not be eligible to an election as director at 
said election, and shall respectively take and subscribe an 
To be sworn. oath or affirmation before an alderman or notary public well 
and truly according to law to conduct such election to the 
Their power, best of their knowledge and ability; and the said judges 
shall decide upon the qualifications of voters, and when the 
election is closed shall count the votes and declare who have 
Failure of offl- been elected. Whenever any judge or judges appointed as 
ceis to attend. a p ove s p a q f a p to a ttend the meeting of stockholders, and 
whenever any board of directors shall neglect or refuse to 
appoint such judges, then and in such case it shall be com¬ 
petent for the stockholders of such company at their annual 
meeting to supply any vacancy or select proper persons to 
Failure to elect conduct the election aforesaid: and if at any time it shall 
corporations ve ^ a PP en ^ at an election of directors shall not be made at the 
time specified, the corporation shall not for that reason be 
dissolved, but it shall be lawful to hold and make such elec¬ 
tion of directors on any day within three (3) months there¬ 
after, by giving at least ten (10) days previous notice of the 
same in manner aforesaid ; in case of the death or resigna- 


273 


General Laws. 


tion ot .a director, or failure to elect in case of a tie vote, Vacancies, 
the vacancy may be filled by the board of directors; at all 
elections by the stockholders each share of stock shall entitle 
the holder thereof to one vote, and each ballot shall have en- Votes * 
dorsed thereon the number of shares thereby represented, 
but no share or shares transferred within sixty (60) days 
next preceding any election shall entitle the holder or 
holders thereof to vote at any such election, nor shall any 
proxy be received or entitle the holder to vote unless the 
same shall bear date and have been duly executed within 
three (3) months next preceding such election. 

Section 10. At each annual meeting of the stockholders statement to 
of such company, the president and directors of the pre- stockifoiders. 16 
ceding year shall exhibit to them a full and ‘complete 
statement of the affairs and proceedings of the company 
for such year, with all such matters as shall be necessary 
to convey to the stockholders a full knowledge of the 
condit ion and affairs of said company; and the said presi- Report to legis- 
dent and directors of every such company shall, whenever lature. 
required, furnish to the legislature or either branch thereof 
a full and authentic report of their affairs and transactions, 
or such information relating thereto as may be demanded 
of them. 

Section 11. The dividends of so much of the profits of Dividends, 
such company as shall appear advisable to the directors, 
shall be declared in the months of July and January in 
each and every year, and be paid to the stockholders or 
their legal representatives on application at the office of 
such company at any time after the expiration of ten days 
from the time of declaring the same, but the said dividends 
shall in no case exceed the amount of the net profits actually 
acquired by the company, so that the capital stock shall 
never be impaired thereby; and if the said directors shall 
make any dividend which shall impair the capital stock of 
the company, the directors consenting thereto shall be liable 
in their individual capacities to such company for the 
amount of capital stock so divided, recoverable by action 
of debt as in other cases, and each director present when 
such dividend shall be declared shall be considered as con¬ 
senting thereto, unless he forthwith enter his protest on the 
minutes of the board and give public notice to the stock¬ 
holders of the same. 

Section 12. Every company organized under this act office, 
shall maintain an office in the city where said railroad 


General Laws . 


274 


Right to cross 
other roads. 


To make re¬ 
port to auditor 
general. 


Penalty for ne¬ 
glect. 


Councils may 
authorize the 
use ot tracks of 
other compa- 
jiies. 


V o mpensation 
therefor. 


is located for the transaction of its business, where trans¬ 
fers of its stock shall be made and books kept for inspection 
by its stock and bondholders. 

Section 13. Companies formed under the provisions of 
this act shall have the right to construct the roads so as to 
cross at grade the track or tracks of any other railroad 
along the line of their route. 

Section 14. It is hereby made the duty of each railroad 
corporation incorporated under this act to make out and 
return to the auditor general an annual report, according 
to a form to be prescribed by the said auditor general, 
embracing in detail the operations and affairs of the said 
corporation during the preceding year up to and including 
the thirty-first day of October, and such other information 
as the said auditor general shall direct, blank forms of the 
same to be forwarded by the said auditor general to such 
railroad corporations on or before the first day of October 
in each \ ear; the said report to be attested by the oath or 
affirmation of the president or acting superintendent and 
the treasurer of the company, and to be forwarded to the 
auditor general on or before the first day of December of 
each year; every such corporation which shall refuse or 
neglect to make such report shall be liable to a penalty of 
five hundred ($500) dollars to the use of the commonwealth 
for every such refusal or neglect, to be sued for and re¬ 
covered as debts of like amounts are or may be by law 
recovered. 

Section 15. The councils of any such city shall have the 
power to grant to any passenger railway company already 
incorporated the right to use such portion of the tracks, 
not exceeding two thousand feet, of any other company 
already laid down as may be deemed necessary, upon 
proper compensation being made for such use; and upon 
the failure to agree as to the amount of such compensa¬ 
tion within thirty (30) days from such grant by councils, 
the court of quarter sessions of the proper county, upon 
petition of either corporation, shall appoint three dis¬ 
interested persons as appraisers who shall fix the amount 
of such compensation. The court shall, upon appeal, 
have power to approve or modify the report of the 
viewers, or upon jury trial being demanded within ten 
days from the confirmation of the proceedings, the court 
shall direct a jury trial according to the course of the 
common law. 


275 


General Laws. 


Section 16. No street passenger railways, or any branch Consent of u>- 
or extension thereof, shall be constructed within the limits tobeobtained! 
of any city, borough or township, without the consent of 
the local authorities thereof, and subject to the conditions 
imposed thereby. 

Section 17. Any company proposing to construct a street Commence- 
railway, or any branch or extension thereof, under the pietionofwork 
provisions of this act, shall in good faith commence the 
construction thereof within one year after the consent of 
the proper local authorities of the city, borough or town¬ 
ship within which the same is located shall have been 
obtained, and shall be completed within two years there¬ 
after, unless the time shall be extended by the authority 
aforesaid. 

March 19th, 1879. (P. L. 9.) 


An Act to repeal all local or special laws relating or fixing 
the rates of fare to be charged by city passenger rail¬ 
way companies, in cities of the third class. 

Section 1. Be it enacted , That all local or special Laws repealed, 

laws regulating or fixing the rates of fare to be charged 
by city passenger railway compaines, in whole or in part 
in cities of the third class, be and the same are hereby repealed. 

May 19th, 1879. (P. L. 71.) 


A Supplement to an act, entitled “ An act to provide for 
the incorporation, and for the government and regula¬ 
tion cf street railway companies now incorporated 
or which may hereafter be incorporated, in cities of 
the second and third class, in this commonwealth/’ 
approved March nineteenth, one thousand eight 
hundred and seventy-nine, limiting the capital stock 
of said railway companies, authorizing them to con¬ 
solidate with, use, lease or purchase other lines, to 
make connections or extensions, cross street passenger 
railroads at grade and cross bridges, other than steam 
railroad bridges, providing for assessment of damages 
for use and crossing railroads and bridges, and, with 
consent of councils, to change route. 

Section 1. Be it enacted , fc. 9 That any passenger railway May adopt 
company, incorporated under the act to which this is a ShSdbrfl' 
supplement, shall have and is hereby granted power, by 




General Laws . 


276 


And construct 
track on the 
same. 


bridges 
to be included 
within this act. 


Compensation 
to be made or 
secured to own¬ 
ers of such 
bridges. 


its officers and servants, to ascertain and define such route 
as they may deem expedient, over, upon and along any 
bridge or bridges, other than steam railroad bridges, on 
the route of such railway company, not however exceed¬ 
ing sufficient width for two tracks, to be laid down, on, 
over and along such bridge, and thereupon, on, over and 
along such bridge or bridges, to lay down, construct and 
establish a track or tracks for its use in the transaction of 
its business, and thereupon to use the same in its general 
business. This act shall include all bridges, other than 
steam railroad bridges, whether owned by bridge corpora¬ 
tions or individuals, and approach to which is within the 
corporate limits of the city, within which the route or 
proposed route runs, and whether such bridge spans a 
stream or river navigable or otherwise, and also all bridges, 
ether than steam railroad bridges, extending over any 
stream from cities of the second class to cities of the third 
class ; and this act shall also include all bridges, other 
than steam railroad bridges, on which a track or tracks 
for a passenger railway company is or are now laid or 
used, and shall also include all passenger railways now 
in occupation cr use of any such bridge or bridges: Pro¬ 
vided , That before such passenger railway company shall 
enter upon and use any such bridge in the laying of tracks 
and use of the same or the use of tracks now laid upon 
any bridge, they shall make, or secure by a bond as here¬ 
inafter stated, ample compensation to the owner or owners 
thereof, for such occupation and use of said bridge. 


How compen- Sbction 2. When said railway company cannot agree 
cured. t0 be se " with the owner or owners of any such bridge for the 
compensation proper for the damage done, or likely to be 
done to, or sustained by such owner or owners of such 
bridge, by such occupation and use of said bridge, the 
court of common pleas of the proper county, on applica¬ 
tion thereto by petition, either by said railway company, 
or the owner or owners of said bridge, shall appoint three 
discreet freeholders of said county, neither of whom shall 
be interested in said railway company, or said bridge, as 
viewers. viewers, and appoint a time, not less than ten or more 
than twenty days, for said viewers to meet at said bridge, 
of which time and place five days’ notice shall be given 
by the petitioner to the other party and to the viewers; 
and the said viewers, or any two of them, having been first 
duly sworn or affirmed faithfully, justly and impartially 


277 


General Laws. 


to decide., and true report to make, concerning all matters 
and things to be submitted to them, and in relation to 
which they are authorized to decide, and having viewed 
the said bridge, and considered the use and occupation 
thereof proposed by the said railway company, and having 
a due regard to and making just allowance for the ad¬ 
vantages which may have resulted, or which may seem 
likely to result, to the owner or owners of said bridge, 
in consequence of the making and opening said railway, 
and of the construction of tracks connected therewith, and, 
having made a fair and just comparison of said advantages 
.and disadvantages, they shall estimate and determine 
whether, and if any what amount of, damages have been 
or may be sustained by the owner or owners of such 
bridge, and to whom payable, and to make report thereof 
to the said court.; and if any damages be awarded, and 
the report be confirmed by the court, judgment shall be 
•entered thereon, and if the amount of such judgment 
with all costs be not paid within thirty days, execution 
may thereon issue, as in other cases of debt, for the sum 
•so awarded, and the costs and expenses so incurred shall be 
paid by said railway company. Each viewer shall be 
-entitled to one dollar and fifty cents for each day by him 
employed in the duties herein prescribed, and it shall he 
paid by the railway company. Either party may file ex¬ 
ceptions to the viewers’ report, and, if allowed, a new view 
shall be ordered. 

Section 8. In all cases arising under this act, either 
party may, within thirty days after the confirmation of 
the viewers’ report, appeal therefrom to the court of com¬ 
mon pleas by which said viewers were appointed, and 
the same shall then be tried by such court and a jury, 
and after final judgment, either party may have a writ 
■of error thereto from the supreme court, as in other 
cases. 

Section 4. In all cases where the parties cannot agree 
upon the amount of damages so claimed, the railway 
■company may tender a bond, with at least two sufficient 
sureties, to the owner or owners of said bridge, the con¬ 
dition of which shall be that the railway company will 
pay or cause to be paid, such amount of damages as the 
•owner or owners of such bridge may be entitled to receive, 
after the same shall have been agreed upon by the parties, 
•or assessed in the manner hereinbefore provided; and in 


Damages. 


Judgment for 
damages. 


Fees for view¬ 
ers. 


Review. 


Appealtocourt 
of common 
pleas. 


Writ of error. 


Bonds may be 
tendered. 


General Laws. 


278 


case the owner or owners of such bridge, claiming damages, 
refuse and do not accept such bond, as tendered, the rail¬ 
way company shall then give to such owner or owners, 
a written notice of the time when the same will be pre¬ 
sented for filing and approval in court, and, at said time, 
tbe said railway company may present such bond to the 
court of common pleas of the county, and, if the bond 
and sureties are approved, the same shall be filed in court 
for the benefit of those interested, and recovery may be 
had thereon, for the amount of damages assessed, if the 
same cannot be made upon execution upon the judgment 
tance or appro- recovered ; and upon the filing of such bond, the railway 
compMiy CO may com P an y are empowered to enter into the use and occupa- 
use bridge. tion of the bridge. 

ges! rly dama Section 5. That the passenger railway company may, if 
it deems proper, in its petition for the appointment of 
viewers to assess the damages incurred by its proposed use 
of such bridge as aforesaid which it desires to cross, pray 
that the damages, for such crossing and use of said bridge 
for the purpose of its road and business, shall be assessed, 
payable yearly, and thereupon the said viewers shall ascer¬ 
tain and determine: 

Howto be as- First. What damages the owner or owners of the bridge 
viewers? b y will suffer, by reason of the laying down, over and across 
the bridge, the track or tracks of the railway company; 
and 

Second. What damages the owner or owners of the bridge 
will suffer, by reason of the use, for one year, of the track 
or tracks by the railway company in its business ; and the 
by paying year- finding shall be distinct as to each. Thereupon the rail- 
e y ach brid e |e use wa y company may, by paying, or, before the final settle¬ 
ment of the amount to be paid, securing the same by bond 
as hereinbefore provided, the damages, both for the laying 
down of its track or tracks and for the use of the same for 
one year, have the right to lay down its track or tracks over 
and along the roadway of the bridge, and use the same for 
the purposes of its business for the next ensuing year; and 
the railway company, by paying to the owner or owners of 
the bridge, before the termination of the first year, the sum 
assessed as the damages for the use of the bridge for one 
year, shall be entitled to use the bridge for the ensuing 
year ; and so on, from year to year, until the sum is changed 
on the petition of either party to court and proceedings by 


279 


General Laws . 


viewers as hereinbefore provided. This section shall in¬ 
clude all bridges, other than steam railroad bridges, upon 
which a railway track or tracks are now laid, and also any 
street passenger railway company incorporated under the 
act to which this is a supplement, using any such bridge. 
The appointment of viewers, reports of reviewers, action of 
the court and appeals therefrom, on proceedings under this 
section, shall conform to, and be regulated in the manner 
prescribed in the preceding sections. 

Section 6 . Any company, now or hereafter incorporated 
under the provisions of the act to which this is a supple¬ 
ment, shall have the right to cross at grade, either at right 
angles or transversely, any street passenger railway that is 
now or may hereafter be built, and also to connect their 
railway with that of any other street passenger railway, now 
or hereafter constructed in any city of the second or third 
class, upon such terms and conditions as may be agreed 
upon between such companies; but if such companies can¬ 
not agree upon terms, then either company may present its 
petition to the court of common pleas of the proper comity, 
setting forth the facts and its purpose to cross or connect 
such tracks, and praying the court to appoint viewers to 
assess the damages for such crossing or connection. There¬ 
upon, the court shall appoint three disinterested persons as 
viewers, who, at a time to be fixed by the court, of which 
notice shall be given to the companies, shall view the point 
at which the tracks are to be crossed or connected, and, 
after hearing evidence, report what sum of money, if any, 
shall he paid for actual damages, by reason of such crossing 
or connection. This report the court may approve, or set 
aside and appoint new viewers, and from the decision court 
within ten days either side may appeal, and demand a jury 
trial; judgment shall be entered upon the report, if not ap¬ 
pealed from, or on verdict when rendered, with the right of 
execution for damages and costs, with the same rights to a 
writ of error as now provided in similar cases. The com¬ 
pany, proposing to cross or connect such tracks, may file a 
bond, with Sureties to be approved by the court, condi¬ 
tioned to pay all damages assessed against it, and after filing 
said bond may proceed to cross or connect such tracks. 

Section 7. Whenever the councils of any city of the 
second or third class shall have, in any ordinance granting 
rights of way to any street passenger railway company, 
reserved the right to grant to any other passenger railway 


What bridges 
included. 


May cross at 
grade or con¬ 
nect with other 
street railways 


Damages how 
ascertained. 


Appeal. 


Pond for dama¬ 
ges. 


Jn certain ca¬ 
ses. how dama¬ 
ges to be iixed. 


General Laws . 


280 


Route may be 
changed. 


Branches. 


Obstructions to 
cars a misde¬ 
meanor. 


Con solidation 
of companies. 


Capital stock. 


company the privilege of using any portion of the tracks 
laid over the right of way so granted, upon payment of a 
proportionate share of the cost and maintenance of such 
tracks, and the councils have granted to one or more com¬ 
panies, under such reservation, the right to use the tracks 
so laid, and the companies interested cannot agree upon the 
sum to be paid for such use, either company may file its 
petition in the court of common pleas of the proper county 
for the appointment of viewers to ascertain the sum so to 
be paid, and the same be proceeded with to final judgment 
and execution in the manner provided for in the preceding 
section. 

Section 8. The councils of any city of the second or third 
class may authorize a partial change of route, between the 
termini as fixed by the charter and articles of association of 
companies incorporated under the act to which this is a 
supplement, to any adjacent street or streets along the line 
of the route so fixed.- 

Section 9. Any company, incorporated under the act to 
which this is a supplement, shall have authority, with the 
consent of councils, to construct such extensions and branches 
as it may deem necessary to increase its business and accom¬ 
modate travel. 

Section 10. Companies incorporated under the act to 
which this is a supplement, in operating their roads, shall 
have the right to the street, and any wilful obstruction to 
the passage of their cars on their way between ’the stations 
shall be a misdemeanor, and punishable on conviction before 
any magistrate by a fine of not less than ten dollars for 
each offense, to be recovered as fines of like amount are now 
by law 7 recoverable. 

Section 11. Any two or more companies, incorporated 
under the act to which this is a supplement, may, wfith 
the consent of two-thirds of the stockholders in each, 
consolidate wfith each other into one corporation, under 
such name as may be agreed, upon filing a certificate to 
such effect in the office of the secretary of the common¬ 
wealth . 

Section 12. The capital stock of passenger railway com¬ 
panies, incorporated under the act to which this is a supple¬ 
ment, shall in no case exceed thirty thousand dollars per 
mile of track. 


General Laws. 


281 

Section 13. Passenger railway companies in cities of the J^her roads* ? e 
second and third class are hereby empowered to purchase 
or lease the property and franchises of other passenger 
railway companies, whose track or route connects with the 
track or route of the lessor company. 

Section 14. All acts or parts of acts, conflicting with Repeal, 
the provisions of this act, be and the same are hereby 
repealed. 

June 2d, 1881. (P. L. 39^1 


A Supplement to an act, entitled “ An act to provide for 
the incorporation and regulation of certain corpora¬ 
tions/’ approved April twenty-ninth, one thousand 
eight hundred and seventy-four, providing for the 
improvement, amendment and alteration of the chart¬ 
ers of corporations of the second class, and authorizing 
the incorporation of traction motor companies. 

Section 6. That in addition to the corporations for Trac lonmotor 
profit of the second class, authorized to be created by the bTmcorivS 
second section of an act, entitled “ An act to provide te(L 
for the incorporation and regulation of certain corpora¬ 
tions,” approved April twenty-ninth, one thousand eight 
hundred and seventy-four, corporations may be created 
for the construction and operation of motors and cables, 
and the necessary apparatus and mechanical fixtures 
for applying and operating the same, and said corpora- tVelr^apali 
tions may, in the manner provided in said act, increase stock * 
their capital stock to an amount not exceeding the amount May enter up- 
authorized therein, for mining and manufacturing com- occ a Vie S d re b e y 
panies, and such corporation shall have the power to w a ay en o S om r pai 
enter upon any street in which a passenger railway now n i es * 
is or hereafter may be constructed, with the consent ^oment^t° be 
of said passenger railway, and may construct, maintain 
and operate thereon such motors, cables and necessary operatemotors 
or convenient apparatus and mechanical fixtures, as will etc. 
provide for the traction of the cars of said railway com¬ 
pany : Provided , That in such construction it shall be To ^sugec* 
subject to such reasonable regulations for the protection as ordained by 
and convenience of public travel on said streets, as shall counci s ‘ 
be ordained by the councils of the borough, town or city 
in which the same may be located; said corporations May hold real 
shall also have power to receive and hold such real estate. peisonal 


282 


Makecontracts 
with passenger 
railway com¬ 
panies. 


And take mort¬ 
gages for secu¬ 
rity. 

Authority to 
execute mort¬ 
gages given to 
passenger rail¬ 
way compa¬ 
nies. 


Passenger 
Railways to be 
subject to the 
conditions o f 
this ordinance. 


To conform to 
surveys and 
submir, plans to 
Board of Sur¬ 
veys. 


To lay cross¬ 
ings. 


Ords. £ Res. 

estate as may be necessary for its purposes, and such' 
personal estate as may be acquired by it in the prose¬ 
cution of its business, and to enter into contracts 
with passenger railway companies to construct, main¬ 
tain and operate motors, cables and other appliances 
necessary for the traction of their cars, and to demand 
and receive as security therefor, mortgages by said 
companies of their railways and franchises, which mort¬ 
gages the latter are. hereby authorized to execute and 
deliver. 

June 13th, 1883. (P. L. 122-123.) 


Note. For general laws relating to all railroad companies (including 
Passenger Railways) see collection of Railroad and Telegraph Laws, pub¬ 
lished by Allen, Lane & Scott, Philadelphia, 1884. 


ORDINANCES AND RESOLUTIONS. 

An ordinance to regulate Passenger Railways. 

Section 1. The Select and Common Councils of the City 
of Philadelphia do ordain, that all Passenger Railroad Com¬ 
panies within the City of Philadelphia shall be subject to 
the restrictions, limitations, terms and conditions hereinafter 
provided; and any such Company, before entering upon any 
road, street, avenue or alley, within the limits of said City v 
shall be understood, and deemed to be subject thereto, upon 
the conditions hereinafter prescribed. 

Section 2. That it shall be the duty of said Companies,, 
or any of them to conform to the surveys, regulations and 
gradients as they are now or may hereafter be established by 
law. They shall submit all proposed plans, courses, styles 
of rails, and the manner of laying the same, to the Board of 
Surveys and Regulations, for their approval and sanction,, 
which shall be obtained before they proceed to break ground 
or occupy any of the highways as aforesaid ; and they shall, 
be further required to lay flag-stones or crossings along the 
line of the paved streets upon which the rails are laid, at in¬ 
tervals not exceeding two hundred and fifty feet; and any 
neglect, omission or refusal to do so on the part of any such 
Company, shall be punishable bv a tine of not less than fifty 
dollars, for each and every offence, recoverable before any 
Alderman of the City of Philadelphia, and payable into the 
City Treasury. 




283 


Ords. $ Res. 

Section 3.. That all Railroad Companies as aforesaid, shall 
he at the entire cost and expense of maintaining, paving, re¬ 
pairing and repaving that may be necessary upon any road, 
street, avenue or alley occupied by them. That for the con¬ 
venience of the public, it shall also be the duty of such Com¬ 
panies to clear the streets, or other public highways that they 
may occupy, of snow or any obstructions placed therein by 
such Companies, when the same impedes the travel upon 
said highways, and for any neglect on their part to do so for 
a period of five days, they shall be punishable by a fine of 
twenty dollars for each square that may be so impeded, re¬ 
coverable before any Alderman of the City of Philadelphia, 
and payable into the City Treasury, upon complaint of five 
citizens residing therein, upon oath or affirmation ; provided, 
nevertheless, that whenever any such Company shall deem it 
inexpedient to use their said road during the continuance of 
the snow, they shall provide comfortable sleighs, or other 
suitable vehicles for the transportation of passengers along 
the route of their railway at the usual rates as aforesaid, then, 
and in that case, no such penalty shall be recoverable. 

Section 4. That it shall be the duty of any Company as 
aforesaid, when requested so to do by the Chief Commis¬ 
sioner of Highways to remove an}^ obstruction, mend or re¬ 
pair their road, pave or repave the Highways, as herein¬ 
before provided, and should they refuse or neglect to do so 
for ten days from the date of such notice, then and in such 
case the Councils may forbid the running of any car or cars 
upon the said road until the same is fully complied with; 
and the City reserves the right in all such cases to repair or re¬ 
pave such streets, and the expense thereof shall be a judg¬ 
ment upon the road, stock and effects of such Company, re¬ 
coverable as judgments are now recoverable by the City of 
Philadelphia. 

Section 5. It shall be the duty of said Company or Com¬ 
panies to employ careful, sober and prudent agents, conduc¬ 
tors and drivers, to take charge of their car or cars when upon 
the road, and for the violation of any Act of Assembly or 
Ordinance of the City, on the part of any such officer or offi¬ 
cers, or employees upon said road, the Company shall be lia¬ 
ble to all fines, forfeitures or damages arising therefrom; pro¬ 
vided, however, that this act shall not be taken to excuse or 
free any such officer or employee, from the penalties or re¬ 
sponsibilities of any such violations or other acts by them 
committed. 


Shall pay for 
repairs and re- 
paving and 
clear away 
snow. 


Penalty. 


Shall use 
sleighs. 


Councils may 
forbid running 
of cars until re¬ 
pairs. etc. are 
made. 


To employ 
careful agents. 


284 


To limit speed 
to six miles an 
hour, and give 
notice of their 
approach. 


Penalty. 


Tax of $5 for 
each car. 


Number to be 
painted on each 
car. 


To file s t ate- 
ment in offiee 
of City Solici¬ 
tor. 


Right of city to 
purchase lines. 


Neglect to run 
cars. 


Ords. Hes. 

Section 6. The running speed of the cars upon any City 
Passenger Railroad shall not at any time be at a greater rare 
than six miles an hour in the paved and built up portions of 
the City, nor shall they incommode the crossings, nor stop 
at the corners of any street or elsewhere, to solicit passengers. 
It shall also be the duty of conductors and drivers of the cars 
to give ample notice to drivers of vehicles and pedestrians 
of their approach, and also to afford all reasonable opportu¬ 
nity for them or either of them to avoid collision or accident, 
and any neglect by. them to comply with the provisions of 
this section, shall be punishable by a fine of five dollars, to 
be recovered before any Alderman of the City, and paid into 
the City Treasury, and the Mayor of the City is in such 
cases empowered to revoke the license of such car or cars, 
and they shall not be permitted to be again placed on the 
road until such license is renewed. 

Section 7. It shall be incumbent on all Railroad Com¬ 
panies, as aforesaid, before placing cars upon their road, to 
pay into the office of the Chief Commissioner of Highways, 
and annually thereafter, for the use of the City, the sum of 
five dollars for each car intended to be run on the same. 
They shall also have the number painted in some conspicuous 
place upon each car; and any omission or neglect to comply 
with either of these provisions, shall be punishable by a fine 
of ten dollars to be recovered on complaint before any Aider- 
man of the City, who shall pay the same forthwith into the 
City Treasury. 

Section 8. The Directors of any such Company or Com¬ 
panies, shall immediately after the completion of any Pas¬ 
senger Railroad in the City, file in the office of the City 
Solicitor, a detailed statement, under the Seal of the Com¬ 
pany and certified under oath or affirmation by the Presi¬ 
dent and Secretary, of the entire cost of the same; and the 
City of Philadelphia reserves the right at any time to pur¬ 
chase the same, by paying the original cost of said road 
or roads, and cars at a fair valuation. And any such Com¬ 
pany or Companies, refusing to consent to such purchase, 
shall thereby forfeit all privileges, rights and immunities 
they may have acquired in the use or possession of any of 
the highways as aforesaid; or should an} 7 such company cr 
corporation neglect to run cars upon their road or roads for 
the accommodation of the public, for the space of three con¬ 
secutive months, the Councils reserve the right to rent the 
same to any other person or persons, company or companies, 


285 


Ords. $ Res. 

who will be willing to run cars on the same; or in the event 
of the Councils, as aforesaid, being unable to rent said road, 
or to place cars upon the same for one year after the same 
shall have been abandoned, as aforesaid, by the Company 
constructing or owning the same, then, and in such case, the 
Councils reserve the right to cause the said road to be re¬ 
moved from the highways, and to sell or dispose of the ma¬ 
terials thereof, and after paying all expenses arising there¬ 
from, pay the balance, if any, to the legal representatives of 
the said defaulting Company. 

Section 9. Any Passenger Raiiroad Company, which is statement o f 
now or may hereafter be incorporated in the City of Phila- with tiiis a orS£ 
delphia, shall by their proper officer or officers, who shall g^d.befoiebe® 
sign the same, file in the office of the City Solicitor a written ginning work, 
obligation to comply with the provisions of this Ordinance; 
provided, that no Railroad Company now incorporated shall 
be authorized to commence work upon any of the Highways 
of the City until this section has been complied with ; and a 
failure to do so for ten days, shall be taken and deemed as a 
refusal on the part of such Company; and in case the Phila¬ 
delphia and Delaware River Railroad Company should fail 
to comply with the provisions of this section, on or before 
the eight of July, proximo, the City Councils hereby express 
their disapproval of an Act, entitled “ A Supplement to an 
Act to incorporate the Philadelphia and Delaware River 
Railroad Company^ approved June 9, 1857, which provides 
for the construction of a Passenger Railway, by a private 
corporation, over Fifth and Sixth streets, in the City of 
Philadelphia. 

July 7, 1857. (Ords 248.) 


Resolution. 

Resolved, By the Select and Common Councils of the protest to Leg 
City of Philadelphia, That the Mayor of the City be, and islature - 
he is hereby requested, in the name and on behalf of the 
City of Philadelphia, earnestly to protest against the pas- 
sage by the Legislature of bills authorizing the construction 
of City Passenger Railways without requiring the previous 
approval of the route and of the terms and conditions upon 
which such roads may be built, by the Councils of the City, 
and that the Mayor also respectfully ask from the Legisla¬ 
ture the passage of the act w'hich confers the requisite power 
to legislate upon the whole subject upon the Councils of the 
City. 

April 2 1858. (Ords. 134.) 



Ords. $ j Res. 


286 


Resolution. 

Board of Sur- Resolved, By the Select and Common Councils of the 
app?5ve n °pians City of Philadelphia, That the Board of Surveyors be, and 
formingtocer- they are hereby instructed not to approve or sanction the 
tain guage. p] an 0 f an y Passenger Railway, unless the guage and form 
of rail be made to conform to the guage and form of rail 
used on the Fifth, Sixth, Tenth and Eleventh Street Rail¬ 
ways. 

July 19,1858. (Ords. 235.) 


An Ordinance Supplementary to an Ordinance , entitled “ An 
Ordinance to regulate Passenger Railways ,” approved July 

7,1857. 

To be subject Section 1. The Select and Common Councils of the City 
to the provi- of Philadelphia do ordain, That all Passenger Railroad 
ordinance. thls Companies, within the limits of the City of Philadelphia, 
shall, in addition to the restrictions, limitations, terms, and 
conditions contained in an Ordinance, entitled “An Ordi¬ 
nance to regulate Passenger Railways/’ approved July 7, 
1857, be subject to all the restrictions, limitations, terms and 
conditions hereinafter provided for, to wit:— 

To lay cross- —That they shall be required to lay flag-stones or 

ings. ‘ crossings of not less than two feet in width, across the entire 
width of all paved streets occupied by them, at each and 
every public lane, street, or alley opening upon any street or 
highway upon which the rails are laid, and where no such 
street, lane or alley opens thereon, then the said flagging 
shall be at distances of not exceeding two hundred and fifty 
feet. 

To foeepstreets Second—That all streets or highways which are unpaved 

at the time of laying the rails, shall be kept in good travel¬ 
ling order by the Railroad Company, until the same shall be 
paved by the owners of property thereon, after which they 
shall be repaved, repaired and kept in good order, at the 
proper cost of the Railroad Company occupying the same. 

Third—That each and every Passenger Railway Company 
each car. shall pay into the office of the Chief Commissioner of High¬ 
ways, in the month of January of each year, for the use & of 
the City, the sum ot thirty dollars for each car intended to 
be run upon any road; and for each and every car placed 
upon any road before the time herein provided for paying 


4 



287 


Ords. $ Res ; 

the license, a proportionate sum shall be paid until the suc¬ 
ceeding January, and that no car shall be placed or run upon 
:any road or street, until it shall be regularly licensed, and a 
certificate duly numbered, hung in a conspicuous place in 
said car. 

Fourth—That no connection shall be made by one Com- No connection 
pany with the road of any other Company, without the spe- mads* without 
•cial authority of City Councils, except when otherwise pro- ?™nciis. ty 0 £ 
vided for by their charter. 

Fifth—That no Passenger Railway shall, at any time, be To be used for 
used for any other purpose than passenger travel. trav S eion?y? e 1 

Sixth—That whenever and wherever it may be found crossing of 
necessary for any Company to lay iron plates or other mate- gutters - 
rial across any gutter along the line of any Railroad, the 
same shall be laid from curbstone to curbstone, and under 
the direction and supervision of the Chief Commissioner of 
Highways, and the Company laying the same, or whose road 
passes over such crossings, shall be required to keep the said 
gutters, at all times, open and free from all obstructions, 
whether by dirt, ice, or from any other cause; and they 
shall be required to keep a passage way for carts and vehicles 
•clear of snow in the winter season on each side of their track 
or railway. 

Sectson 2. That all persons driving vehicles on any Pas- Eight of way 
senger Railway in the City, in the direction that the cars t?avliung C 1 on 
travel on said roads, shall have the right to the railway tracks, 
track when meeting any other vehicle going in the opposite 
direction ; and the driver of the vehicle going in the oppo¬ 
site direction shall be compelled to turn entirely off the 
track, under a penalty of five dollars, to be recovered before 
anv alderman, in any suit or action brought to recover the 
same, which penalty shall be paid into the City Treasury 
for the use of the City ; provided that the Railroad Company 
shall in all cases have the first right of way, subject to like 
penalty. 

Section 3. That whenever it shall be found necessary for Eight of city to 
the City of Philadelphia to occupy all or any portion of any occupy^strects 
street or highway, whereupon a Passenger Railroad now is, improvements, 
or hereafter may be constructed, for the purpose of making 
improvements thereon, such as culverts, laying of water or 
gas pipes, or any other alteration or improvement that may 
from time to time be found necessary, the said City shall 


288 


To repair 
streets on no¬ 
tice from Chief 
Commissioner. 


Penalty. 


Ords. $ lies. 

have full and entire power and authority to make such alter¬ 
ation or improvement, without recourse on the part of any^ 
Railroad Company against the said Citv, for any obstruction 
or embarrassment that the said Railroad Company may meet 
with consequent upon such alteration or improvement: pro¬ 
vided, however, that on the occasion of any alteration or 
improvement as hereinbefore recited, directed to be done, or 
performed by the authority of Councils, no unnecessary de¬ 
lay shall be made or caused in any manner that shall work 
prejudicial to the interests of the Railroad Company. 

Section 4. That any City Passenger Railway Company 
now incorporated, or that may be hereafter incorporated* 
shall, after due notice has been given to said Company by 
the Chief Commissioner of Highways, repave or repair from- 
curbstone to curbstone any street over and along which the 
tracks or rails of said Company may pass ; the said paving 
and repairing shall be done according to the grade now es¬ 
tablished, or that may be hereafter established by law, and 
shall replace the grade of said street so far as the same may 
be altered by said Company, and shall repave any street used 
by said Company as aforesaid, within the time fixed by the 
Chief Commissioner of Highways in said notice. They shall 
also remove anv gravel, dirt, materials or other obstructions 
placed by said Company on any street within forty-eight 
hours after notice shall have been given to said Company by 
the Chief Commissioner of Highways, and if said Company 
shall fail to complv with the provisions of this Section ac¬ 
cording to the term of notice served upon it, the Chief Com¬ 
missioner of Highways shall pave, repave and repair said 
streets, replace the grades thereof, and remove such gravel, 
dirt, materials or other obstructions, the cost of which shall 
be collected of and from said Company by the City of Phil¬ 
adelphia. 

Section 5. That for each and every violation of the pro¬ 
visions of this Ordinance, such Railroad Company shall pay 
a penalty of fifty dollars; and for every continued violation 
of any of the provisions thereot after notice by the Commis¬ 
sioner of Highways, the penalty shall be five dollars for 
each and every day the violation continues; and the Chief 
Commissioner of Highways shall have authority, when di¬ 
rected by Councils, to stop the running of all cars upon any 
road whose Company refuses to pay the penalties as provided 
herein. 


289 


Ords. Sp Res. 


Section 6. That so much of the 3d Section of the Ordi- Repeal of ordi¬ 
nance approved July 7, 1857, to which this is a Supplement, Sfg companies 
as provides that the Railroad Companies shall pave any gtreetJ 6 new 
street that has not heretofore been paved, be, and the same 
is hereby repealed. 

April 1, 1859. (Ords. 138.) 


Resolution approving the memorial of Joseph Harrison on the 
subject of City Passenger Raiways. 

Resolved, By the Select and Common Councils of the Approving me- 
Cityof Philadelphia, That the memorial of Joseph Harrison josephHai?i- 
meets with the approval of these Councils, and that a joint son ' 
committee of three from each chamber be appointed to take 
such measures as they may deem expedient to promote its 
acceptance by the Legislature. 

April 12,1859. (Ords. 163.) 


Resolution to direct Legal Proceedings against certain Passenger 
Railway Companies. 

Resolved, By the Select and Common Councils of the To recover 
City of Philadelphia, That the City Solicitor be and is Itones?etc. bble 
hereby directed to take such action in law as may be 
necessary to recover from the various Passenger Railroad 
Companies the value of the cobble stones and cubical blocks 
removed and taken away by them from the streets on which 
their rails are laid. 

January 21, 1860. (Ords. 19.) 


An Ordinance supplementary to an Ordinance approved the 
eleventh day of July, 1857, entitled an Ordinance to Regulate 
Passenger Railways. 

Section 1. The Select and Common Councils of the City to relay tracks 
of Philadelphia, do ordain, That whenever any Passenger granite. 3 of 
Railway shall hereafter be made or laid down in the City 
of Philadelphia, or whenever any part or portion of any 
such Railway now laid down shall be relaid, the sides 
thereof shall be paved with cubical blocks or granite laid 
on each side of the rail to the extent of the lines of said 
Railway so laid or relaid within the limits of the City. 

October 16, 1860. (Ords. 362.) 





Right of way 
o n Callowbill 
street. 


Proceedings to 
secure repairs 
t o streets by 
companies. 


To keep 
bridges in or¬ 
der. 


Ords. £ lies. 290 

Resolution in regard to right of way on Callowhill Street Rail¬ 
road. 

Resolved, By the Select and Common Councils of the City 
of Philadelphia, that on and after the first of July next, all 
vehicles using the railroad track on Callowhill Street, east 
of Broad Street, shall have the right to the track when 
going eastward. 

July 1, 1862. (Ords. 237.) 


A Supplement to an Ordinance entitled u An Ordinance to regu¬ 
late passenger railways ,” approved July 7th , A. I). 1857. 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain, That if any passenger railway 
company, required by law to maintain and keep in repair 
the roads, streets, avenues, or alleys occupied by them, shall 
suffer any such road, street, avenue or alley, or any part 
thereof, to be and remain out of repair, it shall be the duty 
of the Chief Commissioner of Highways to give such com¬ 
pany a notice in writing forthwith to put the same in good 
repair; and if at the expiration of ten days from the service 
of such notice the said road, street, avenue, or alley, or part 
thereof, mentioned in such notice, shall not have been re¬ 
paired by the said company, such company shall forfeit and 
pay a fine of twenty-five dollars for each and every day such 
road, street, avenue, or alley, or part thereof, shall be suf¬ 
fered thereafter to remain out of repair; to be recovered, 
with costs of suit, as debts of like amount are by law 7 recov¬ 
erable. And if, at the expiration of a further period of 
fifteen days thereafter, such street, road, avenue, or alley, or 
part thereof, shall still remain unrepaired by such company, 
it shall be the duty of the Chief Commissioner of Highways 
forthwith to repair the same; and thereupon the City So¬ 
licitor shall bring suit against such offending company, to 
recover as w 7 ell the several penalties incurred for such of¬ 
fence, as also the amount expended by the Chief Commis¬ 
sioner in the repairing of such road, street, avenue, or alley. 

October 5, 1863. (Ords. 283.) 


An Ordinance supplementary to an Ordinance to regulate 
Passenger Railways , approved July 7th, 1857. 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain, That it shall be the duty of each 
and every passenger railway company using bridges be- 




291 


Ords , $ Res. 

longing to the City of Philadelphia, to keep the flooring and 
roadway of said bridges in good order and repair. 

Sec. 2. Any such company or companies violating or 
neglecting the provisions of this Ordinance shall be subject 
to like penalties, restrictions, limitations, conditions and Penalty, 
regulations as are now provided by Ordinances with 
reference to the use of the roads, streets, avenues or alleys 
within the limits of the said City. 

December 22, 1866. (Ords. 418.) 


A further Supplement to an Ordinance to regulate Passenger 
Railways , approved July 7th , 1857. 

Section 1. The Select and Common Councils of the City License Tax of 
of Philadelphia do ordain , That each and every Passenger $5° per car. 
Railway Company shall pay-to the Chief Commissioner of 
Highways the sum of fifty dollars for each car run upon 
their respective roads, at the time and in the way provided 
for by the first section of the Ordinance approved April 
1st, 1^59, entitled “An Ordinance supplementary to an 
Ordinance, entitled ‘ An Ordinance to regulate Passenger 
Railways,’ ’’approved July 7th, 1857, and the said payment 
of fifty dollars on each car shall be in lieu of the payment 
of thirty dollars on each car, as required by said Ordinance 
approved April 1st, 1859. 

January 2, 1867. (Ords. 1.) 


An Ordinance to prevent the Salting of the Streets by the 
Passenger Railroad and Railway Companies . 

Section 1. The Select and Common Councils of the City Not to salt 
of Philadelphia do ordain , That from and after the passage tracks * 
of this Ordinance it shall be unlawful for any railroad 
and railway company to salt the tracks under a penalty of 
seventy-five dollars for each and every offence; to be col¬ 
lected as other fines and penalties are by law now collected. 

February 23, 1867. (Ords. 44.) 


A Supplement to “An Ordinance to prevent the salting of the 
streets by the Passenger Railroad and Railway Companies 

Section 1. The Select and Common Councils of the City of Privilege of 

Philadelphia do ordain , That the privilege of salting on the Sowfd in cer- 
1 tain localities. 





292 


Ords. $ Res. 

rails only is hereby allowed upon the passenger railways’ 
running to Frankford, along Berks street, from the Fifth 
and Sixth Streets Passenger Kailway Depot; along Front to* 
Frankford avenue; along Frankford avenue to Harrison, 
street; along Paul, to Frankford road ; along Frankford 
road, to one square below the Reading railroad. 

February 26, 1868. (Ords. 63.) 


Preamble and Ordinance to prevent the salting of Railway and 

Railroad tracks within the limits of the City of Philadelphia. 

Whereas , By an Ordinance of Councils, approved the 23d 
day of February, eighteen hundred and sixty-seven, it was 
made “ unlawful for any Railroad or Railway Company to 
salt the tracks under a penalty of seventy-five dollars for 
each and every offence, to be collected as other fines and 
penalties are by law 7 now r collected and whereas , in spite of 
said prohibition and penalty, the Railroad and Railway 
Companies have used salt upon their tracks in defiance of 
law and to the injury of the health and business of our citi¬ 
zens ; therefore, 

Penaltyof &>co Section 1 . Be it ordained, by the Select and Common Councils 
tracks? ins of the City of Philadelphia , That from and after the passage 
of this Ordinance the penalty for salting the tracks of Rail¬ 
road or Railway Companies shall be five hundred dollars,, 
and any citizen may lawfully give information and prosecute 
the same, and be entitled to one-half the penalty, the other 
half to be paid into the City Treasury, and all Ordinances or 
parts of Ordinances inconsistent herewith shall be and are 
Proviso hereby repealed : Provided , That the Ordinance entitled “A 
Supplement to an Ordinance to prevent the salting of the 
streets by the Passenger Railroad and Railway Companies, ,r 
approved February 26th, 1868, granting the privilege of 
salting the tracks of the Passenger Railways leading to 
Frankford, shall not be repealed nor in any way affected by 
the provisions of this Ordinance. 

March 11,1868. (Ords. 116.) 


Resolution relating to proposed, passenqer railway on 
Broad Street. 

Protest against Resolved by the Select and Common Councils of the City of 
Broad street. of Philadelphia , That Councils earnestly protest against the 
chartering of any railroad to occupy Broad street, in this 




293 


Ords. $ Res. 

'City, by the State Legislature, and that the Governor be 
and he is hereby requested to withhold his signature from 
•any such bill, if passed, the same being contrary to the 
wishes of a large majority of the citizens of Philadelphia. 
March 4, 1869. (Ords. 79.) 


Resolution of instruction to the Commissioner of Highways , the 
City Surveyor , and the City Solicitor. 

Whereas , The right of a railroad company to use the 
streets of the City of Philadelphia without the consent of 
Councils has never been fully, judicially settled; 

And whereas , Councils are not of opinion that the built 
up portions of the City necessary for the public conveni¬ 
ence require any more of the public highways than as are 
at present used for railroads; therefore be it 

Resolved by the Select and Common Councils of the City of ^mplVies^to 
Philadelphia , That the Commissioner of Highways be and occupy streets 
he is hereby instructed to prevent the removal of the stones c^nTentof 
.and the obstruction of any of the streets for the purpose of councils - 
laying a railroad track; and the Surveyors of the City be 
and hereby are instructed not to lay out or survey any 
streets for the purpose of laying such track, until permis¬ 
sion of Councils has been obtained allowing the same to be 
used therefor ; And further , That the City Solicitor is here¬ 
by authorized and instructed to defend the interests of the 
City in any suit brought to test such right of laying such 
tracks without the consent of Councils, and he is further 
instructed to give every facility for the prompt and final 
• decree of the Supreme Court. 

May 7, 1869. (Ords. 187.) 


A n ordinance relative to paving railway tracks with the Nicholson , 
or other wooden or concrete pavement 

Section 1. The Select and Common Councils of the City 2/* between tracks 
Philadelphia do ordain , That from and after the passage of with wooden or 
this Ordinance it shall be the duty of all railway compa- m5Sf. ete pave ‘ 
nies, laying rails within the City, to pave the track between 
the rails with the Nicholson or other wooden or concrete 
pavement, as may be approved by the Chief Commissioner 




Ords. $ Res. 


294 


Right of way 
at the intersec¬ 
tion of streets. 


License tax of 
$25 for one 
horse cars. 


R e q u e’s t to 
Legislature not 
to charter new 
companies, &c. 


of Highways, and all Passenger Railways now laid shall, 
when extended, be paved in accordance with the provisions 
of this Ordinance. 

October 21, 1869. (Ords. 386.) 


An Ordinance to 'prevent accidents from the collision of Pas¬ 
senger Railway cars at the intersections of streets. 

Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain , That hereafter Passenger Railway 
cars in crossing at intersections of streets, the cars running 
north and south shall have the right of way, and it shall 
he unlawful for any driver of a car running east or west 
to cross a passenger railway track until after the car run¬ 
ning north or south shall have passed, if the said last- 
mentioned car shall be within forty feet of the crossing of 
said roads: Provided, That all passenger railway tracks 
running along streets cutting the squares diagonally shall 
be considered as running east and west for the purposes of 
this Ordinance. And any person violating the provisions 
of this Ordinance shall suffer and pay a fine of ten dollars- 
for each offence, for the use of the City, to be recovered 
before any alderman, as fines are now by law recoverable. 

March 1, 1870. (Ords. 83.) 


A Further Supplement to “An Ordinance to regulate Passenger * 
Railways 9 ” approved July 7th , 1857. 

Section 1 . The Select and Common Councils of the City of 
Philadelphia do ordain , That the Chief Commissioner of 
Highways is hereby authorized to issue license to and • 
accept and receive therefor, from all Passenger Railway 
Companies, twenty-five dollars for each of their cars drawn 
by one horse: Provided , That the revenue heretofore 
derived from this source shall not be decreased. 

March 16, 1870. (Ords. 116.) 


Resolution of request to the State Legislature. 

Resolved hy the Select and Common Councils of the City of 
Philadelphia , That the Legislature of the Commonwealth of 
Pennsylvania be respectfully and earnestly requested not 





295 


Ords. $ lies. 

to charter any new passenger railway companies in Phila¬ 
delphia, or extend the privileges of any passenger railway 
companies now in existence, or now in operation in this 
City, unless such companies pave the streets, between their 
tracks, within the paved limits of the City, with a wooden 
pavement, to be approved by the Department of Highways 
of this City. 

Resolved , That the Clerks of Councils be directed to send 
a copy of the foregoing resolution to the Speaker of the 
Senate and House of Representatives. 

April 7, 1870. (Ords. 180.) 


An Ordinance to repeal a portion of an “ Ordinance relative to 

Passenger Railway Companies ,” approved March 1st , 1870. 

Whereas , The steep grades upon the approaches to the 
bridges over the Schuylkill river at Chestnut street and 
Market street, and the steep grades on said streets, make it 
almost impossible suddenly to stop the Passenger Railway 
cars on said streets at the places named, and by reason 
thereof there is, therefore, constant danger of collisions 
with other cars crossing the same. Therefore, 

Section 1. The Select and Common Councils of the City of Eight of way 
Philadelphia do ordain, That so much of the Ordinance chestnutstreet 
entitled “An Ordinance to prevent accidents from collisions bridges - 
of Passenger Railway cars at intersections of streets,” 
approved March 1, 1870, as gives the right of way to 
Passenger Railway cars running upon Twenty-third street, 
be and the same is hereby repealed, and hereafter the cars 
running east and west shall at the crossing of the streets 
named above, have the right of way in preference to the 
cars running north and south. 

November 22, 1870. (Ords. 525.) 


An ordinance to require wings on sweepers or cars used for the 
removal of snow by City passenger railway companies. 

Section 1. The Select and Common Councils of the City of To use wings 
Philadelphia do ord,ain, That from and after the passage of f^machinet? 
this Ordinance, it shall be unlawful for any passenger rail¬ 
way company in the City of Philadelphia to run upon or 




296 


Penalty. 


Chief Commis¬ 
sioner to exam¬ 
ine streets. 


Request to 
Legislature to 
repeal clause 
of act of I'M. 


Ords. Sp Res. 

over their tracks any car or machine for the removal of 
snow, unless the same shall be provided with wooden, metal 
or canvas wings, and that when the said car or machine is 
in use, the wings shall be so placed as to prevent the snow, 
ice or other material swept or thrown from the tracks from 
being projected upon the sidewalks. 

Sect. 2. Any violation of the provisions of the first sec¬ 
tion of this Ordinance shall be punishable by a fine of five 
dollars, to be recovered as like penalties are now recover¬ 
able. 

December 13, 1873. (Ords. 580.) 


Resolution of instruction to the Chief Commissioner of High¬ 
ways relative to the condition of certain streets occupied by 
passenger railways. 

Resolved, by the Select and Common Councils of the City of 
Philadelphia , That the Chief Commissioner of Highways 
be and is hereby directed to examine into the condition 
of the streets of the City used by passenger railways, and 
to see to the enforcement of all laws and Ordinances gov¬ 
erning the same. 

January 31st, 1874. (Ords. 33.) 


Resolution of request to the Legislature of Pennsylvania to 
repeal a certain act relative to City passenger railway 
companies. 

Whereas , Gfreat complaint on the part of citizens is made 
in regard to the arbitrary management of passenger 
railway corporations in this City, with expressions of 
disapprobation through the public press and otherwise, 
and calling upon the authorities of the City for relief or 
remedy; and 

Whereas , By an act of Assembly passed in the year 
1868, the control or regulation of passenger railways 
was virtually taken from the municipal government ; 
therefore 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Legistature of the Commonwealth 
is respectfully requested to repeal so much of an act 




297 


Ords. $ Res. 

entitled “An act to define the duties and liabilities of 
passenger railway corporations of the City of Philadel¬ 
phia,” approved the eleventh day of April, Anno Domini 
1868, as thereby deprives the City of proper regulation 
and control of travel upon her highways, as would appear 
in the following clause quoted from said act, “ That the 
several passenger railway corporations in the City of 
Philadelphia, shall pay annually to the said City the sum 
of fifty dollars, as required by their charters, for each car 
intended to be run over their roads during the year, and 
they shall not be obliged to pay any larger sum, and said 
City shall have no power, by Ordinance or otherwise, to 
regulate passenger railway companies, unless authorized 
so to do by the laws of this Commonwealth, expressly in 
terms relating to passenger railway corporations in the 
City of Philadelphia.” 

Resolved , That the City Solicitor is hereby directed to 
prepare a bill to repeal so much of the act above referred 
to as conflicts with a just and proper regulation of passen¬ 
ger railways by Councils. 

Resolved , That the Clerks of Councils shall have a 
certified copy of the preamble and resolutions, together 
with the bill to be prepared by the Law Department, 
forwarded to the Senate and House of Representatives at 
Harrisburg. 

January 31st, 1874. (Ords. 33.) 


Resolution to notify the City passenger' railroad companies to 
repair the streets on the line of their tracks. 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Chief Commissioner of High¬ 
ways be and he is hereby directed to notify all of the 
City passenger railroad companies to forthwith repair 
the highways along which their tracks are laid, and to 
report to these Councils at the first meeting in May, 
what companies shall have complied with the require¬ 
ments of such notice, and those which shall have disre¬ 
garded the same. 

March 7th, 1874. '(Ords. 80.) 


City Solicitor 
to prepare bill. 


Chief Commis¬ 
sioner to notify 
companies to 
repair streets. 



298 


Notice to re¬ 
pair streets. 


To require 
paving with 
granite blocks. 


Request to 
Legislature to 
repeal act of 
18(38. 


Ords. $ Res. 

Resolution of instruction to the City Solicitor.. 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the City Solicitor be and he is hereby 
directed to notify the Presidents and Directors of the 
City Passenger Pailway Companies, that they are re¬ 
quired within ten days from the date of such notice to 
repair the streets along their respective routes, and the 
City Solicitor is further directed to prosecute, civilly or 
criminally, the officers of such companies as fail to repair 
said streets. 

March 23d, 1874. (Ords. 91.) 


Resolution to enforce the Ordinance relative to passenger rail¬ 
ways, approved October 16th , 1860. 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the Chief Commissioner of Highways 
be instructed to enforce the Ordinance requiring passenger 
railway companies to pave with cubical blocks or granite? 
on each side of the rail. 

March 28th, 1874. (Ords. 107.) 


Resolution of request to the General Assembly of Pennsylvania r 
to repeal a certain act relative to City passenger railway 
corporations. 

Resolved by the Select and Common Councils of the City of 
Philadelphia , That the General Assembly of the Com¬ 
monwealth is respectfully requested to repeal so much 
of an act entitled “An Act to define the duties and 
liabilities of passenger railway corporations in the City 
of Philadelphia,” approved the eleventh day of April, 
Anno Domini 1868, as thereby deprives the City of 
proper regulation and control of travel upon her high¬ 
ways, as would appear in the following clause, quoted 
from said act: 

“ That the several passenger railway corporations in 
the City of Philadelphia shall pay annually to the said 
City the sum of fifty dollars, as required by their charter,, 
for each car intended to he run over their roads dur¬ 
ing the year, and they shall not be obliged to pay any 




299 


Ords. § Res. 

larger sum; and said City shall have no power by 
Ordinance or otherwise to regulate passenger railway 
corporations, unless authorized so to do by the laws of 
this Commonwealth, expressly in terms relating to pas¬ 
senger railway corporations in the City of Philadel¬ 
phia.” 

Resolved , That the clerk of Select Council shall have 
the requisite legal advertisement made of this application, 
and a certified copy thereof, together with such form of 
bill as the City Solicitor may approve, forwarded to the 
presiding officers of the Senate and House of Repre¬ 
sentatives. 

November 28th, 1874. (Ords. 363.) 


An Ordinance relative to steam street cars. 

Section 1. The Select and Common Councils of the City of to permit use 
Philadelphia do ordain , That the Ma^or of the City be and o£ steam cars * 
he is hereby authorized and empowered to permit the use of 
improved steam street cars for a period not exceeding three 
months from the approval of this Ordinance, upon applica¬ 
tion for such permission being made to him by the Baldwin 
Locomotive Company: Provided , That the said Baldwin 
Locomotive Company first pay into the City Treasury the 
sum of twenty-five dollars, to pay for the publication of this 
Ordinance. 

November 24, 1875. (Ords. 321.) 


An ordinance to regulate the crossing of steam railroads by pas¬ 
senger railway cars at grade. 

Section 1. The Select and Common Councils of the City of g t ™^ si r n a g i?? 
Philadelphia do ordain , That all passenger railway companies roads, 
in the City of Philadelphia, whose tracks cross any steam 
railroad at grade, shall, before their cars cross such road, 
compel their conductors to stop all cars, and cross the tracks 
of such steam railroads in advance of the cars, under a pen¬ 
alty of fifty dollars for each and every violation of such or¬ 
der, the same to be recoverable as sums of like amount are 
recoverable by law. 

December 31, 1875. (Ords. 448.) 




300 


Notice to re¬ 
pair and re¬ 
pave streets. 


Five cent fares. 


Ords. Sf Res. 

An ordinance to compel the several passenger railway companies 
to repave and repair the streets upon which their tracks 
are laid. 

Section 1. The Select and Common Councils of the City of 
Philadelphia do ordain , That the Chief Commissioner of 
Highways is hereby authorized and instructed to notify the 
several passenger railway companies to repave and repair, 
from curbstone to curbstone, the streets upon which their 
tracks are laid, in accordance with the provisions of the Or¬ 
dinance of July 7, 1857, Section 3 and 4, and the supple¬ 
ment thereto, of April 1st, 1859, Section 4; and should the 
said railway companies refuse or neglect to do so for ten 
days from the date of said notice, then and in such case the 
said passenger railway companies are forbidden to run any 
car or cars over said streets until the same is fully complied 
with, and the said Chief Commissioner is, in such case, au¬ 
thorized and directed to repave and repair said streets at 
the expense of said passenger railway companies. 

Sect. 2 That in the event of the work being done by 
the Chief Commissioner of Highways, as above directed, 
in the first section of this Ordinance, owing to the neglect 
or refusal of the respective passenger railway companies 
to repave and repair the said streets, then the City Solici¬ 
tor is hereby instructed to commence suit against the said 
company, to collect the cost of said repaving and repair¬ 
ing. 

May 6, 1876. (Ords. 98.) 


An Ordinance imposing a condition upon passenger raiheay 
companies asking for additional privileges. 

Section 1 . The Select and Common Councils of the City 
of Philadelphia do ordain , That from and after the passage 
of this ordinance it shall be a condition in each and every 
bill passed by these Councils granting any additional privi¬ 
lege or privileges to those already enjoyed by passenger 
railway companies, that the company or companies seeking 
such privileges shall not charge more than five cents for 
each passenger carried by it or them. 

June 16, 1881. (Ords. 125.) 



301 


Ords. $ Res. 

An ordinance to compel passenger railway companies to repair 
with Belgian blocks a certain portion of the streets over 
which their lines pass. 

Section 1. The Select and Common Councils of the City To repair with 
of Philadelphia do ordain , That the Chief Commissioner of Belgian oc s * 
Highways shall, during the year 1882 and annually there¬ 
after, until the work is completed, require each and every 
passenger railway company of the City of Philadelphia to 
repair with Belgian blocks that portion of the street be¬ 
tween their tracks and the curb line, for a distance of at 
least one mile of their line, the work to be done at such 
places as the Chief Commissioner of Highways may direct 
and to be enforced in the same way as repairs to such 
streets are now enforced. 

February 2,1882. (Ords. 41.) 


An ordinance to preserve the normal lateral grade of the streets 

occupied by Passenger Railways in the City of Philadelphia. 

Section 1. The Select and. Common Councils of the City of To observe 
Philadelphia do ordain , That the several passenger railway Sfstreets. giade 
companies traversing and using the streets and highways 
of the City of Philadelphia shall, from and after the passage 
of this ordinance, observe and preserve the normal original 
lateral grade of said streets and highways in repairing and 
repaving the whole or any part of said streets and high¬ 
ways. 

Sec. 2. That the Chief Commissioner of Highways shall chief commis- 
personally or by deputy, inspect the method of repairing spec? repairs* 
or repaving said streets and highways, now adopted and &c * 
practiced by said several passenger railway companies, and 
forthwith require said work to be done in conformity with 
the provisions of this ordinance, exercising in the enforce¬ 
ment of said provisions every power in him vested. 

October 7, 1882. (Ords. 267.) 















































































































































































































































303 


Steam Railroads. 


ACTS OF ASSEMBLY A YD CITY ORDINANCES RE¬ 
LATING TO STEAM RAILROADS WITHIN THE 
LIMITS OF THE CITY OF PHILADELPHIA. 


ACTS OF ASSEMBLY. 


An Act to incorporate the Columbia, Lancaster and 
Philadelphia Railroad Company. 

Sec. 12. That the president, directors and company of the Columbia, Lan- 
•said railroad company, shall have power to survey, lay down, o, 1 &plula - 
ascertain, mark, and fix such route as they shall deem expe¬ 
dient for said road, beginning at or near the bridge, on the 
■south side of the Susquehanna River, in the borough of Co- May flx^route 
lumbia, in Lancaster County, and extending to the city of quehanna to 
Lancaster, and thence to the west side of the river Schuyl- ^PhnTder 
(kill, near to and below the Schuylkill permanent bridge. P hia< 


Sec. 16. And be it further enacted by the authority afore¬ 
said, That the said railroad shall be so constructed by the 
said company as not to obstruct or impede the free use and Not to obstruct 
.passage of any public road or public roads which may cross public roads, 
or enter at the same, being now laid out or hereafter to be 
laid out. 

April 17, 1826. (P. L. 224.) 


An Act relative * * * to the commencement of a railroad 
* * * to be styled the Pennsylvania Railroad. 

“ Sec. 5. And be it further enacted by the authority afore- Pennsylvania 
said, That the canal commissioners are authorized and re- phiiade?phia°to 
quired, to locate upon the most eligible route a railroad York * 
from the City of Philadelphia, through the City of Lancas¬ 
ter to Columbia on the Susquehanna, and from thence to the 
west end of the borough of York, in the county of York.” 

March 24, 1828. (P. L. 1827-8, 222.) 




Steam Railroads.. 304 

An Act to incorporate the Northern Liberties and Penn 
Township Railroad. 

erties e & Perni Sec. 14. That the said president and managers shall * * 

TownshipB.R. * fix such route as they shall deem expedient for said road,, 
beginning at the west side of Front street; at or near Willow 
street, in the incorporated district of the Northern Liberties,, 
and running on or in the neighborhood of Willow street, 
westwardly, through the said district to the western boun- 
Route from dary thereof, thence by such route as the said president and 
managers, having first obtained the permission of the com- 
Northern Lib- missioners of Spring Garden, shall judge best, until it inter- 
Garden. sect the railroad authorized by law, from the city of Phila¬ 
delphia, through the city of Lancaster, to Columbia on the 
Susquehanna, at such point as the said president and mana¬ 
gers shall deem best, with full power and authority to the 
said president and managers to extend their said railroad 
across the said Pennsylvania Railroad to Columbia, to such 
point on the Schuylkill River north of Vine street, as they 
may deem it to be expedient, if at any time thereafter they 
should think it advisable so to do; * * * and provided also, 
that the said railroad shall not be carried through the property 
H 0 ed t0 through °f the city of Philadelphia, at Fair mount, without the con- 
Fairmount. sent of the Select and Common Councils of the said city, nor 
through the property of the Lehigh Canal and Navigation 
Company without the consent of the said company first had 
and obtained. 

Sec. 16. That the said railroad shall be so constructed by 
Nottoobstruet the said company as not to obstruct or impede the free use 
roacl. public and passage of any public road, street, lane or alley, which 
may cross or enter into the same, being now laid out or 
hereafter to be laid out, 

April 23,1829. (P. L. 1828-9, 270.) 


An Act to incorporate the Philadelphia, Germantown and 
Norristown Railroad Company. 

Sec. 12. That the president, directors and company * * * 

mantown 6 & * * * fix such route as they shall deem expedient to said 

Norristown R. railroad. The line in its progress to be located as near to the vil- 
R# lage of Germantown as the conformation of the ground will 

admit, the average distance not to exceed half a mile from the 
Main street thereof; thence to approach the city of Phila- 



305 


Steam Railroads. 


delphia, with two branches, one to terminate as near as 
practicable to the northern side of said city, at or between 
Delaware, Sixth street and Broad street, and the other to 
terminate at or near the Delaware River at Kensington. 

Sec. 10. That the said railroad shall be so constructed by 
the said company, as not to obstruct or impede the free use 
and passage of any public road or roads which may cross or 
enter at the same, being now laid out, or hereafter to be laid 
out. 

Feb. 17, 1831. (P. L. 1830-1, 53.) 


An Act authorizing the Governor to incorporate the Phila¬ 
delphia and Delaware County and Southwark Railroad 
Companies. 

Sec. 10. That the said Company be and they are hereby 
authorized as soon as they conveniently can, to locate and 
construct a railroad, of one or more tracks, from a point at 
or near the city of Philadelphia; thence along the route of 
the Baltimore post road, or as near thereto as the ground 
will admit, making the post towns of Darby and Chester, or 
their vicinity, points in said road to the Delaware State 
Line. 

Sec. 22. * * * The Southwark Railroad Com’y are hereby 
authorized to construct a railroad, ot one or more tracks, 
from the river Delaware, in the district of Southwark, and 
thence through the county of Philadelphia to Broad and 
Cedar streets, in such direction as they shall deem best to 
connect with the termination ot the city railroad: Provided, 
That the said company shall be, and are hereby empowered, 
to construct a railroad from Broad street, in the county of 
Philadelphia to the river Schuylkill. 

April 2, 1831. (P. L. 1830-1, 353.) 


An Act authorizing the Governor to incorporate the Phila¬ 
delphia and Trenton Railroad Company. 

Sec. 8. That the said company be and they are hereby 
authorized, as soon as they can conveniently, to locate and 
construct a railroad of one or more tracks, from a suitable 
point in the district of Kensington, through the borough of 


Route. 


Not to obstruct 
streets. 


Phila., Del Co. 
& Southwark. 


Route. 


Railroad in 
Southwark to 
Broad and Ce¬ 
dar Sts. 


Phila. & Tren¬ 
ton. 


Route. 




Steam Railroads. 


306 


Frankford, intersecting the Delaware division of the Penn¬ 
sylvania canal, in the borough of Bristol. * * Provided , That 
Not to locate the said company shall not be allowed to locate said railroad 
road on streets. on an ^ turnpike road or public street now constructed or 
laid out, to a greater extent than may be necessary in cross¬ 
ing the same. 


Sec. 11. That the said railroad shall be so constructed by 
Not to obstruct the said company as not to obstruct or impede the free use 
and passage of any public road or roads which may cross or 
enter at the same, being now laid out or hereafter to be laid 
out. 

February 23, 1832. (P. L. 1831-2, 86.) 


A Supplement to the Act incorporating the Northern 
Liberties and Penn Township Railroad Company. 

Northern Lib- Sec. 3. That the president and managers shall have 
Penn e Tow n n d power to survey, lay down, ascertain, mark and fix such 
ship. route for the said railroad, as they shall deem expedient, 

beginning at some point on the Philadelphia and Columbia 
From schuyi- Railroad west of the river Schuylkill, and terminating at 
ware, 0 north of the Delaware north of Vine street, in such manner as the 
v,me street. sa id ra ii roa d shall not occupy any of the public highways, 

except in crossing the same. 

April 3, 1832. (P. L. 1831-2, 253.) 


An Act to authorize the Governor to incorporate the Phila¬ 
delphia and Reading Railroad Company. 

Phil a del- Sec. 11 That the president and managers * * shall 

pinaandKead- * * fix SU ch route as they shall deem expedient, * * 

terminating at some suitable point in or near the city of 
Philadelphia, or on the line of the Philadelphia and Colum¬ 
bia, or of the Philadelphia, Germantown and Norristown 
Railroads. 

Not to obstruct s E c. 14. That the said railroad shall be so constructed as 
not to impede or obstruct the free use or passage of any 
public road or roads which may cross or enter the same. 
April 4, 1833. (P. L. 1832-3, 144.) 




307 


Steam Railroads. 


An Act relative to railroads in the County of Philadelphia. 

Sec. 2. That so much of the Act entitled, “ An Act to in¬ 
corporate the Northern Liberties and Penn Township Rail¬ 
road Company, as prohibits said company from construct¬ 
ing said railroad on the surface of streets, be and the same 
is hereby repealed, and that the said company shall have 
the right to construct their road on such street or streets, 
any by such route in said township and district, as may be 
found convenient, beginning at the river Schuylkill, at the 
public landing north of Coates street, and terminating at 
the river Delaware, at or near Willow street, in the North¬ 
ern Liberties: Provided , That the said railroad shall not 
be constructed on that part of any street or streets intended 
for a market house, and that said company shall have the 
same privileges and immunities, be subject to the same re¬ 
strictions, and may charge the same rate of tolls as the 
Southwark railroad company: Provided also, that the said 
railroad shall not be carried through the property of the 
city of Philadelphia, at Fairmount, without the consent of 
the Select and Common Councils of the said city, nor 
through the property of the Lehigh Coal and Navigation 
Company, without the consent of the said company first had 
and obtained. 

April 6, 1833. (P. L. 1832-3, 206.) 


An Act, supplementary to the act incorporating the Phila¬ 
delphia, Germantown and Norristown Railroad Com¬ 
pany. 

Sec. 1. That the Philadelphia, Germantown and Norris¬ 
town Railroad Company, be authorized to extend the line 
of their railroad from a point on the main line of said road 
at or near Robeson’s mill, on the Wissahickon creek, in the 
Township of Roxborough, in the County of Philadelphia, to 
intersect that part of their road now made from Philadel¬ 
phia to Germantown: • Provided , That the branch line to 
Germantown shall terminate at a point one hundred yards 
west of the main street, of Germantown, and that the com¬ 
pany shall be released from making and extending said 
railroad from said termination to Robeson’s Mill afore¬ 
said. 

February 8, 1834. (P. L. 1833-4,35.) 


Northern Lib¬ 
erties and 
Penn T o w n - 
ship. 


Schuylkill t o 
Delaware. 


Not on streets 
intended for 
market houses. 


Not to be Car¬ 
rie d through 
Fairmount, &c. 


Philadeflp h i a, 
Germantown 
and Norris¬ 
town. 


lioute. 



Steam Railroads. 


308 


An Act, supplementary to the Act incorporating the Phila¬ 
delphia and Trenton Railroad Company. 


Philadelphia 
and Trenton. 


To extend 
route. 


Sec. 1 . That the Philadelphia and Trenton Railroad 
Company are hereby authorized by and with the consent of 
the commissioners of the incorporated districts in or through 
which it is designed to lay said railroad, under such regu¬ 
lations and restrictions as may be agreed upon between the 
parties, to extend their road, so as to connect the same with 
the Northern Liberties and Penn Township Railroad, at or 
near Front street in the Northern Liberties, and for that 
purpose may occupy such street or streets as shall be most 
convenient. 

March 27, 1834. (P. L. 1833-4, 143.) 


An Act, supplementary to the Act incorporating the Phila¬ 
delphia and Delaware County and Southwark Railroad 
Company. 

Philadelphia Sec. 3. So much of the tenth section of the act to which 
co?and el sS e - this is a supplement, as requires the said company to locate 
wark. and construct the said road along the route of the Baltimore 

Post road, or as near thereto as the ground will admit, 
Route. making the post towns of Darby and Chester, or their 

vicinity, points in the said road, be, and the same is hereby 
repealed. 

March 14, 1836. (P. L. 1835-6, 86.) 


An Act, supplementary to the Act incorporating the Phila¬ 
delphia, Germantown and Norristown Railroad Com¬ 
pany. 

Germantown Sec. 1. That the Philadelphia, Germantown and Norris- 
and Norris- town Railroad Company shall he, and are hereby authorized 
town * to construct and continue the line of their railroad by a sin¬ 

gle track, along, over and upon the surface of Ninth street, 
as laid out and opened according to law, within the incor- 
route extend P orate d district of Spring Garden, in the county of Phila¬ 
delphia, from the northern side of Spring Garden street, to 
the northern side of Vine street, and to use the same for 
the purposes of transportation and conveyance : Provided, 
That the said company shall not have the power to use 




309 


Steam Railroads. 


locomotive engine on the track hereby authorized to be con- Track, 
structed, and that the said track shall be constructed in all 
respects to conform to the regulations as to heights and 
levels of the incorporated district of Spring Garden: And 
provided, That the said company, before they shall con- consent of 
struct said track, shall have obtained the consent of a ma- ers. perty own 
jority of the owners of property fronting on said Ninth 
street, between Spring Garden and Vine streets; and when 
the consent of a majority of said owners, on any one square 
shall have been obtained, the said company may construct 
the said track along that square; and if any one property 
shall be owned by more than one person, the owners there¬ 
of shall have but one vote. 

Sec. 4. That the said company may construct or dispense 
with, at their discretion, the branch termination of the said 
road, at or near the Delaware River, in Kensington. 

March 30, 1833. (P. L. 1832-3, 116.) 


An Act, supplementary to an Act incorporating the 
Philadelphia, Germantown and Norristown Railroad 
Company. 


Sec. 4. That if the said locomotive engines shall be so Phiia.,Ger- 
used on said railroad, as to prevent or render unsafe the Norristown? nd 
travelling upon any public road or street now laid out on 
or near the line of said railroad, the Court of Quarter Ses- To be regu- 
sions for the County of Philadelphia, upon complaint being iV&aSerses- 
made, may order and direct such rules and regulations for sions - 
the said locomotive engines, as will render secure the travel¬ 
ing and the safety of property situated on or near the line 
of the said railroad. 

April 7, 1832. (P. L. 1831-2, 377.) 


An Act to incorporate the West Philadelphia Railroad 
Company. 

Sec. 12. The president, managers and company shall have west Pwia.R. 
power to fix such route as they shall deem expedient for said R ' Co ' 
railroad with one or more tracks, beginning at the most 
eligible point on the Pennsylvania Railroad, between the in- Route 
dined plane and the Philadelphia and Lancaster Turnpike 




Steam Railroads. 


310 


Phila. and Port 
Deposit, 


Route. 


Kensington 
and Penn 
Township. 


Route. 


Not to obstruct 
streets. 


Damages paid 
for Columbia 
Ave. to be re¬ 
funded by city. 


Road, and to extend from thence to the most northerly prac¬ 
ticable point, not more than four hundred feet south of the 
permanent bridge at Market street. 

February 16,1835. (P. L. 1834-5, 22.) 


An Act to incorporate the Philadelphia and Port Deposit 
Railroad Company. 

Sec. 1 . (The said Company) shall have power to make and 
construct a railroad from a suitable point in the Pennsylva¬ 
nia Railroad, between Coatesville and the Gap Tavern, by 
the most eligible route to the village of Port Deposit, in the 
state of Maryland. 

April 1, 1836. (P. L. 1835-6, 414.) 


An Act to incorporate the Kensington and Penn Township 
Railroad Company. 

Sec. 11. The president and managers of the said railroad 
company shall have power to survey, lay down, ascertain, 
mark and fix such route as they shall deem expedient for 
a railroad, with as many tracks as they may find necessary,, 
beginning on the river Delaware, at or near the monument 
erected for the commemoration of William Penn’s treaty 
with the Indians, in the Kensington district of the Northern 
Liberties, and terminating at the Columbia Railroad, at or 
near, as practicable to the railroad bridge across the river 
Schuylkill; said railroad to be located on the proposed route 
of the Columbia avenue, at least as far as Sixth street, and 
to be continued on the same to its westerly termination;. 
Provided , The expense thereof, and the damages to private, 
property, shall not render the undertaking unwise or im¬ 
practicable: Provided also, That the said road shall not occu¬ 
py said street or avenue, so as to prevent the use of the same 
for travelling, and ordinary purposes. 

Sec. 22. Whenever the said Columbia avenue, or such 
part thereof as may be occupied by said railroad company, 
shall be required for public use, as a highway, that the said 
railroad company shall be entitled to have and receive from 
the treasury of the county of Philadelphia, a just and rate¬ 
able proportion of the damages which they shall have paid 




311 


Steam Railroads. 


to the several owners of land through which said avenue 
may pass, the same to be estimated according to the quantity 
of ground actually used and occupied by said company. 

May 16, 1836. (P. L. 1835-6, 480.) 


An Act authorizing the Governor to incorporate the Phila- Fhiia.andTay- 
delphia and Taylorsville Railroad Company and the lorsville * 
Hestonville and Schuylkill Railroad Company. 

Sec. 8. The said company be, and they are hereby author¬ 
ized, as soon as they conveniently can, to locate and con¬ 
struct a railaoad, of one or more tracks, from a suitable 
point in the district of Kensington or Northern Liberties in 
the county of Philadelphia, taking the nearest and most 
practicable route through the counties of Philadelphia and 
Bucks to the Delaware River, at Taylorsville: Provided, Route. 

That the said company shall not be allowed to locate said 
railroad on any turnpike road or public street now con¬ 
structed or laid out, to a greater extent than may be neces¬ 
sary in crossing the same, or to enable the said railroad to 
be carried to the river Delaware, at Taylorsville. 

Sec. 22. The said Hestonville and Schuylkill Railroad Hestonville 
Company, shall have power to make a railroad, with a dou- and sehuyikiih 
ble track, from the West Philadelphia Railroad, at a point 
at or near Hestonville, in the county of Philadelphia, at a 
point at or near the foot of the inclined plane near Peter’s Route * 
Island, on the river Schuylkill, in said county, similar to 
the West Philadelphia Railroad. 

June 15, 1836. (P. L. 1835-6, 642.) 


A Supplement to the Act entitled “ An Act to incorporate 
the Middleport and Fine Creek Railroad Company,” 
and for other purposes. 

Sec. 5. That the president and directors of the Philadel- Middleport 
phia, Wilmington and Baltimore Railroad Company, and and FineCreek 
the president and directors of any other railroad company, 
are hereby authorized and empowered to unite such rail¬ 
roads, as are constructed and terminate in the county of j£ n *£ ,nn «* 
Philadelphia, the location of which is-hereby confirmed, by curves, etc. 
curves, switch, turning, platforms, or otherwise, so as to 




Steam Railroads. 


312 


Consent of 
Court of Quar¬ 
ter Sessions. 


P b i 1 a . and 
Reading. 


To extend 
route. 


Philadelphia 
and Trenton. 


To extend 
route. 


Consent of 
Quart e r S * s - 
sions. 


form a continuous line of railroad with railroads, of other 
companies in this commonwealth: Provided , That each 
company is entitled to all the privileges and immunities 
which such companies now possess, have and enjoy under 
their respective charters : Provided , That no change shall be 
made in the location of the curves, switches, turning plat¬ 
forms, or other appurtenances of said railroads, or any of 
them, within the county of Philadelphia without the con¬ 
sent of the judges of the Quarter Sessions of the county of 
Philadelphia. 

April 16, 1838. (P. L. 1837-8, 462.) 


A Supplement to an Act entitled “An Act to incorporate 
the Sunbury and Erie and Pittsburgh and Susquehanna 
Railroad Companies,” and for other purposes. 

Sec. 4. That it shall be lawful for the Philadelphia and 
Reading Railroad Company, in addition to the route already 
located by them for their railroad from the Halls of the 
Schuylkill to the river Delaware, to survey, locate and con¬ 
struct a branch from any suitable point on their said railroad 
to such point as they may deem most advisable, on the line 
of the Philadelphia and Columbia Railroad. 

March 20, 1838. (P. L. 1837-8, 148.) 


An Act granting certain powers to the authorities of the 
cities of Lancaster and Philadelphia and for other pur¬ 
poses. 

Sec. 38. That it shall, and may be lawful, for the Phila¬ 
delphia and Trenton Railroad Company to extend a branch 
of their railroad, under the provisions of their charter, from 
some suitable point at or near the village of Bridesburg, in 
the county of Philadelphia, and to terminate in the village 
of Bridesburg, arid for this purpose, if it shall be found more 
advisable with the assent of the county commissioners of the 
county of Philadelphia, to locate the said branch and lay 
rails on the route of the public road leading from the rail¬ 
road to the said village; Provided , That no change of loca¬ 
tion of said railroad,.or any part of the same, shall be law¬ 
ful without the assent of the court of Quarter Sessions of 
said county. 

April 16, 1838. (P. L. 1837-8, 626.) 








313 


Steam Railroads , 


A further Supplement to the Act incorporating the 
Philadelphia and Trenton Railroad Company. 

Sec. 2. And the said Philadelphia and Trenton Railroad Philadelphia 
Company are hereby authorized, as soon as they conveni- andTienton * 
ently can, and they shall within one year locate and con¬ 
struct a railroad from their depot in the district of Reusing- 
ton to their depot at the corner of Third and Willow streets route? xtend 
in the district of the Northern Liberties by the best route 
along the streets between said depots, and for that purpose 
they may occupy such street or streets as shall be most bene¬ 
ficial and convenient, which location before the construction 
of said road shall be approved of by the judges of the court Approval by 
-of Quarter Sessions of the county of Philadelphia upon the Ses ' 

view of six disinterested jurors to be appointed by said 
•court as directed, who, on being applied to, are hereby re¬ 
quired to act in the premises; the said railroad to be laid 
on a level with the pavement or surface of the street or 
streets, and that the said railroad shall be so constructed as 
not to form any unnecessary obstructions to the free use and 
passage of any street or streets in which the same shall be 
located and constructed ; and that in making said location 
through Kensington and the Northern Liberties aforesaid, 
regard shall be had to the public business, trade and private 
property in and through the same, so that in the making of 
such location to interfere with and injure as little as possi- Not to interfere 
ble, such said public business, trade and private property, with business, 
the said company shall at all times, at their own cost, keep t o rep a i r 
in good condition and repair so much of all or any streets, strcets * 
lanes or roads along which the railroad may run in and 
through the said districts, as may be used by said company, 
so that the passage along and over said railroad may be safe 
and convenient. 

March 23, 1839. (P. L. 1838-9, 134.) 


An Act to incorporate the Philadelphia and New Hope 
Railroad Company. 

Sec. 13. The president and managers of the said railroad Philadelphia 
•company shall have power to survey, lay down, ascertain, 
mark and fix such route as they shall deem expedient for a Route, 
•double or single railroad, beginning at Philadelphia and 
terminating in the borough of New Hope on the river Dela¬ 
ware, 

June IT, 1839. (P. L. 1838-9, 315.) 



Steam Railroads. 


814 


No railroad to 
obstruct cross¬ 
ings. 


Penalty. 


An Act relative to the obstructing of the crossings of pub¬ 
lic roads by locomotives and cars. 

Sec. 1. That it shall not be lawful for any railroad com¬ 
pany to block up the passage of any crossings of public 
streets or roads, or obstruct the said crossings with their 
locomotives or cars; and if any engineer or other agent of 
any such railroad company shall obstruct or block up such 
crossings, he or they shall be subject to a penalty of twenty- 
five dollars, to be recovered with costs, in the name of the 
commonwealth of Pennsylvania, before a justice of the 
peace; one-half such penalty shall be paid to the informer 
or informers, and the remaining half shall be paid into the 
treasury of the commonwealth ; Provided , That in the event 
of the said engineer or agent being unable to pay the said 
penalty, then and in that case, the said railroad company 
employing the said engineer or agent, shall pay the penalty 
aforesaid. 

March 20, 1845. (P. L. 1845, 191.) 


An Act authorizing connection between the Philadelphia; 
and Reading Railroad and the Philadelphia, German¬ 
town and Norristown Railroad. 

Sec. 1 . That the Philadelphia and Reading Railroad 
Company are hereby authorized to locate and construct 
three branches connecting their road with the Philadelphia, 
Germantown and Norristown Railroad, * * one 

To construct at a suitable point at or near Manayunk, and in the con¬ 
struction and use of said branches, and extensions of their 
roads as aforesaid, the said companies shall have, hold and 
enjoy all the rights, privileges and immunities, secured to 
them by law on other parts of their roads, and shall be sub¬ 
ject to the same liabilities, restrictions and provisions, as are 
by law imposed upon them on other parts of their roads. 
April 15, 1846. (P. L. 1846, 844.) 


Philadelphia 
and Reading. 


branches. 


A further Supplement to the Act incorporating the Penn¬ 
sylvania Railroad Company. 

Penna. r. k. Sec. 5. That if said railroad company shall find it neces¬ 
sary to change the site of any portion of any turnpike or 




315 Steam Bailroads. 

public road, they shall cause the same to be reconstructed 
forthwith, at their own proper expense on the most favor¬ 
able location, and in as perfect a manner as the original 
road. 

March 27, 1848. (P. L. 1848, 273.) 


An Act to incorporate the Chestnut Hill Railroad Com¬ 
pany. 

Sec. 10. That the president and directors of said company 
shall have power and authority * * to determine 

such route for a railroad as they may deem expedient * 
beginning at or near the present terminus of the Ger¬ 
mantown Branch of the Philadelphia, Germantown and Nor¬ 
ristown Railroad, and terminating at or near Chestnut Hill, 
or in the valley of White Marsh, as may appear to the com¬ 
pany most expedient or desirable. 

April 10, 1848. (P. L. 1852, 735.) 


An Act authorizing the Governor to incorporate the West 
Chester and Philadelphia Railroad Company. 

Sec. 11. That the president and managers of the said rail¬ 
road company shall have power to survey, lay down, ascer¬ 
tain, mark and fix such route as they shall deem expedient 
for a railroad, with as many tracks as they may deem neces¬ 
sary, beginning at or near the borough of West Chester, in 
the County of Chester, and terminating at some suitable 
point at or near the permanent bridge, in the county of 
Philadelphia. 

April 11, 1848. (P. L. 1850, 916.) 


An Act regulating Railroad Companies. 

Sec. 10. Whenever any company shall locate its road in 
and upon any street or alley, in any city or borough, ample 
compensation shall be made to the owners of lots fronting 
upon such street or alley, for any damages they may sustain 
by reason of any exca vation or embankment made in the con¬ 
struction of such road, to be ascertained as other damages 
are authorized to be ascertained by this act. 


Change of 
turnpikes, etc. 


Chestnut Hill 
R.R. 


Route. 


West Chester 
and Phila. 


Route. 


To pay dama¬ 
ges for locating 
on streets. 





Steam Railroads. 


316 


Not to obstruct 
crossings. 


Change of site 
of turnpikes, 
etc. 


Railroads in 
Richmond dis¬ 
trict. 


Streets not to 
be opened in 
certain locali¬ 
ties. 


Sec. 12. That whenever, in the construction of such road 
or roads, it shall be necessary to cross or intersect any estab¬ 
lished road or way, it shall be the duty of the president and 
directors of the said company, so to construct the said road 
across such established road or way, as not to impede the 
passage or transportation of persons or property along the 
same. 

Sec. 13. That if any such railroad company shall find it 
necessary to change the site of any portion of any turnpike 
or public road, they shall cause the same to be re-constructed 
forthwith at their own proper expense, on the most favorable 
location, and in as perfect a manner as the original road. 

February 19, 1849. (P. L. 79.) 


An Act in reference to Richmond district in the County of 
Philadelphia, etc., etc. 

Sec. 6. That no road, street, passage, lane or alley, shall 
be at any time hereafter laid out or opened through the land 
or property of the said railroad company or any part of it, 
lying in the district of Richmond, and county of Philadel¬ 
phia, and embraced within the following metes and bounds, 
to wit: From a point at low water mark in the river Dela¬ 
ware, by the proposed line of Cumberland street extending, 
and at its northern side north thirty-three degrees forty min¬ 
utes west about nine hundred and seventy-four feet to the 
eastern side of Richmond street; thence along the eastern 
side of Richmond (formerly Point Road) north fifty-nine de¬ 
grees forty-five minutes east two thousand nine hundred and 
seventy-five feet to the southern side of Williams street; 
thence along the southern side of Williams street south 
thirty degrees fifteen minutes east to the head of Dock street 
or low water mark one thousand and four feet and three 
quarters of a foot; and thence along low water mark to the 
place of beginning, without the consent thereto in writing 
of the said railroad company, under its corporate seal first 
had and obtained; and so much of any survey, plan or plot 
made by the surveyors or regulators of the said district, 
under the authority of an act, entitled “ An Act to incorpo¬ 
rate the district of Richmond, in the county of Philadel¬ 
phia,” passed the twenty-seventh day of February, Anno 
Domini, one thousand eight hundred and fortv-seven, laying 
out any road, street, passage, lane or alley through the above 



317 


Steam Railroads. 


described premises, is hereby vacated and annulled: Provided ', 
(That a certain piece of real estate described in the Act, be 
conveyed by the said railroad company to the commissioners 
of the said district of Richmond.) 

April 5, 1849. (P. L. 424.) 


An Act Supplementary to the several acts incorporating the 
Philadelphia, Germantown and Norristown Railroad 
Company. 

Sec. 1 . That the Philadelphia, Germantown and Norris- riuia., Ger- 
town Railroad Company shall be and are hereby authorized NonStown? ncl 
to survey, mark, locate and construct a branch of their rail¬ 
road from any point upon the Germantown branch of said 
railroad near Nicetown, to the most convenient point in the To construct 
line of the Richmond branch of the Philadelphia and Read- branch * 
ing Railroad, east of the Schuylkill River. 

Sec. 3. And it shall be lawful for said railroad company, 
where any public road or street may be crossed by said 
branch road or roads, or are crossed by the present road as to change 
constructed, to change the grade of such road or street so as ggj® at cros, ‘ 
to pass the same over or under said railroad. 

April 7, 1849. (P. L. 464.) 


An Act to provide for the ordinary expenses of the Govern¬ 
ment, etc. 

Sec. 38. That the canal commissioners be and they are Columbia r.r. 
hereby authorized and required to locate and put under con¬ 
tract a railroad to avoid the inclined plane on the Columbia 
Railroad, commencing at any point not more than eight 
miles from the head of said plane, and terminating on the 
west or east side of the Schuylkill, as the canal commis- To a void in 
sioners shall deem best for the interest of the common- clined P lane - 
wealth. 

The city of Philadelphia and district of Spring Garden, or cit^jOf^PhUa,. 
the adjacent districts, or either of them, or parties acting spring Garden 
under them, shall each have authority to locate and construct 
a railroad leading from any point within their respective 
limits or elsewhere, and crossing the river Schuylkill as 




Steam Railroads. 


318 


Philadelphia 
and Reading. 


To lay down 
tracks in Rich¬ 
mond. 


Penna.R.R.Co. 


Act of March 
27th, 1848, con¬ 
strued. 


aforesaid, by roads and bridges, which shall be approved by 
the canal commissioners; and the authorities of said city 
and district are respectively hereby authorized to construct 
the same, connecting with the said railroad authorized by 
the first section of this act. 

April 10, 1849. (P. L. 631.) 


An Act to change the name of the borough of West Phila¬ 
delphia to the district of West Philadelphia, and rela¬ 
tive to highways in the district of Kensington and 
Richmond, in the county of Philadelphia. 

Sec. 4. That the commissioners of the district of Rich¬ 
mond, in the county of Philadelphia, be, and they are hereby 
authorized and empowered to grant unto the Philadelphia 
and Reading Railroad Company the privilege of laying tracks 
and using for all railroad purposes such portion of the pub¬ 
lic highway (whether the same be opened or otherwise) 
lying northwardly and southwardly of, and being adjacent 
to their present railroad tracks between Richmond street and 
the Frankford turnpike road in the district aforesaid, as may 
be by them agreed upon, the said commissioners making 
such reservations for public purposes as they may deem ne¬ 
cessary. 

April 3,1851. (P. L. 302.) 


An Act construing the fifth section of the Act entitled, “ A 
further supplement to an Act to incorporate the Penn¬ 
sylvania Railroad Company” and relative to the ob¬ 
struction of private roads by railroad companies, etc., 
etc. 

Sec. 1. That the fifth section of the act entitled “ A fur¬ 
ther supplement to an act to incorporate the Pennsylvania 
Railroad Company,” passed the twenty-eighth day of March, 
one thousand eight hundred and forty-eight, shall be so con¬ 
strued as to include the streets, lanes and alleys, in any town, 
borough or city through which said road passes. (Vide act 
March 27, 1848, ante page .) 

Sec. 2. That any chartered railroad company in this com¬ 
monwealth obstructing or impeding the free use or passage 




319 


Steam Railroads . 


of any private road or crossing place, by standing burthen Not to obstruct 
•cars or engiues, or placing other obstructions on any railroad Stressings.* 1 s 
whatever any private road or crossing place may be necessary 
to enable the occupant or occupants of land or farms to pass 
over any railroad with horses, cows, hogs, sheep, carts, 
wagons, and implements of husbandry, shall for every such 
offence, after any agent or other person in the employment 
of any railroad company shall have received at least fifteen 
minutes verbal notice to remove burthen cars, engines, or 
other obstructions from any private road or crossing place 
that may pass over any railroad, be liable for a penalty of Penalty, 
thirty dollars, which shall be for the use of the person or 
persons aggrieved, and which shall be recovered before any 
justice of the peace in the same manner that debts not ex¬ 
ceeding one hundred dollars are by law recoverable. And 
in all suits or actions that may be brought against any rail¬ 
road company for the recovery of said penalty of thirty dol¬ 
lars, the service of legal process on any agent or other person 
in the employment of any railroad company shall be as good 
and available in law as if made on the president thereof. 

April 12, 1851. (P. L. 518.) 


An Act to incorporate the Millersburgh and Bailysburg 
Railroad Company, relating to the Philadelphia, Balti¬ 
more and Wilmington Railroad Company, etc. 

Sec. 9. That the Court of Quarter Sessions of the County Phiia., wn- 
of Philadelphia are hereby authorized and empowered to Baitfmor n e. and 
change and alter the course of Gray’s Ferry road, at or near 
the intersection of Federal street, and the district of Moya- 
mensing, and county aforesaid, so that the Philadelphia, To alter curve. 
Wilmington and Baltimore Railroad may be altered to a 
ourve of greater radius than at present exists. 

Sec. 10. That upon the application of the Philadelphia, jury to assess 
Wilmington and Baltimore Railroad Company, the court dama s es * 
shall appoint a jury, whose duty it shall be to determine 
upon the propriety and character of the alteration, and also 
to assess the damages, the report of the said jury, when con¬ 
firmed by the court, to be final and conclusive: Provided , 

That all damages, costs, charges, and expenses that may be 
awarded or incurred under this and the preceding section 
shall be paid by the Philadelphia, Wilmington and Balti¬ 
more Railroad Company: And provided farther , That in 



Steam Railroads. 


320 


width of ma king the alteration in the course of the said Gray’s Ferry 
Gray’ s Ferry road, the width of the same for the public use shall not be 
less than the present width of sixty feet. 

April 12, 1851. (P. L. 1852, 706.) 


An Act to incorporate the Philadelphia, Easton and Water 
Gap Railroad Company. 

Philadelphia, Sec. 1. (The said Company shall have) power and author- 
Water°Gap. nd ity to construct a railroad beginning at a point north of Vine 
street, in the County of Philadelphia, and thence by the 
most expedient and practicable route to or near the borough 
of Easton, subject to all the provisions and restrictions ot an 
Route. Act regulating Railroad companies, approved February 19, 

1849, so far as the same are not supplied or altered by this 
Act. 

April 8, 1852. (P. L. 654.) 


An Act to authorize the Governor to incorporate the Phila¬ 
delphia and Baltimore Central Railroad Company. 

and Baltimore Sec. 3. That, the said company when duly organized is 
r. r. hereby authorized to locate, construct and operate under the 

provisions of said Act, (viz: Act of 19th of February, 1x49),. 
a railroad running to a point of intersection on the West 
Chester and Philadelphia Railroad, at or between West Ches- 
Route. ter and Philadelphia, or to the City of Philadelphia, and it 

is hereby authorized to make a connection -with any railroad 
leading in the direction of the City of Baltimore, in the 
State of Maryland. 

March 17, 1853. (P. L. 1854, 792.) 


A Further Supplement to an Act incorporating the Phila¬ 
delphia, Easton and Water Gap Railroad Company. 

Philadelphia, Sec. 2. That said company are hereby authorized to con- 
Water°Gap and nect their railroad with any other railroad now constructed 
or which may hereafter be constructed, at either end or at 
any intermediate point on the line thereof, in such manner 
T o connect as may be deemed most convenient and advantageous in each. 

railroad. and ai] y cage 

March 29, 1853. (P. L. 251.) 





321 


Steam Railroads . 


An Act incorporating the Kingsessing and Philadelphia 
Railroad Company, etc. 

Sec. 2. (That the said Company is) hereby authorized to s rififaief- 
make, construct and use with all the rights, privileges and phia. 
liabilities granted to other companies under the Act of As¬ 
sembly approved February 19th, 1849, entitled “An Act reg- subject to Act 
ulating Railroad Companies,” from any point in the town- of i849, 
ship of Kingsessing, county of Philadelphia, at or near the 
sixth mile stone on the great southern post road leading 
from Philadelphia.to Darby, to connect with the Philadel¬ 
phia, Wilmington and Baltimore Railroad, at a point not itoute. 
more than one and three-quarters of a mile south of Gray’s 
Ferry, or with any other railroad leading to Philadelphia. 

April 18, 1853. (P. L. 627.) 


An Act to authorize the Pennsylvania Railroad Company to 
make connections to and from their freight depot in the 
City of Philadelphia. 

Sec. 1. That the Pennsylvania Railroad Company be and Penna. K.m 
they are hereby authorized to make such connection from 
their freight depot, in the City of Philadelphia, by laying a 
track or tracks of * railway from said depot along Juniper Tracks nom 
street to Market street, and along Market to Broad street ' einl 1 pJ ' 
respectively, with such extension along the said Juniper 
street to or beyond Kelly street, as may be necessary and 
convenient for the accommodation of cars and the transac¬ 
tion of their business of transportation ; Provided, That the 
consent and approbation of the select and common councils feiuofcoXnciTs 
of the city of Philadelphia first be had in writing; and if 
constructed, the laying of said track or tracks shall be sub¬ 
ject to the control and direction of said councils or their de¬ 
puted agent or agents. 

Feb. 16, 1854, (P. L. 72.) 


An Act to incorporate the Philadelphia and Delaware River 
Railroad Company. 

Sec. 1. (That the said Company shall have) power and Philadelphia 
authority to construct the railroad beginning at a point north ^ er Delaware 
of Cherry street, Kensington, in the county of Philadelphia, 
and thence through the eastern part of Montgomery County 






Steam Railroads. 


322 


Route. 


All railroads 
terminating in 
Philadelphia to 
submit plans to 
Board of Sur¬ 
vey before eon- 
sti uctingroads 
within the city. 


Phiiadelp hi a 
and Trenton. 


Branch road. 


* subject to all the provisions and restrictions of 
an Act regulating Railroad companies, approved February 
19th, 1849, so far as the same is not altered or repealed by 
this Act. And the said Philadelphia and Delaware River 
Railroad Company shall have the right to connect with the 
North Pennsylvania Railroad at any point north of Cherry 
street and within the present bounds of the district of Ken¬ 
sington, county of Philadelphia, on such terms as may be 
mutuallv agreed upon. 

April" 1854. (P. L. 759.) 


A Supplement to the Act consolidating the City of Phila¬ 
delphia. 

Sec. 10. That hereafter no railroad company, whose road 
does or shall terminate within the city of Philadelphia, shall 
have the right or power to locate and construct that part of 
said road which shall extend within the limits of said city, 
without first submitting the plans and surveys thereof, ex¬ 
hibiting the grades and routes, to the board of survey of said 
city, who shall have the power to conform the same as far 
as may be practicable, to the general plan and regulations of 
said city, as adopted at that time ; and all charters author¬ 
izing the construction of any railroad within said city, shall 
be taken to be subject to the above restriction : Provided , 
That this shall not be construed to apply fc to any railroad 
already graded or laid with rails in said city, unless the route 
or grade thereof shall be altered. 

April 21st, 1855. (P. L. 264.) 


A Supplement to the Act incorporating the Philadelphia and 
Trenton Railroad Company. 

Sec. 3. That the Philadelphia and Trenton Railroad Com¬ 
pany is hereby authorized and required to construct a branch 
from their road, by the best and most direct route, to the 
corner of Frankford street and the Oxford road or within 
three hundred yards of that point in the Twenty-third Ward 
of Philadelphia. 

May 2, 1855. (P. L. 402.) 




323 


Steam Railroads . 


A Further Supplement to an Act to incorporate tbe Mount 
Carbon and Port ' arbon Railroad Company and relative 
to the Philadelphia and Reading Railroad Company. 

Sec. 1. * * That it shall and may be lawful for the Philadelphia 

Philadelphia and Reading Railroad Companx, with the con- andBeadin s- 
sent of the Northern Liberties and Penntownship Railroad 
Company, to purchase upon such terms as may be agreed 
upon between the said companies the railroad as now con¬ 
structed of the said last named company with all its real es¬ 
tate, property, improvements and appurtenances, and to an- Northern 11 Lit?- 
nex the same to their own road, of which it shall thereafter erue^s and 
become a part, subject to all the laws, privileges and restric- ship road, 
tions contained in the charter of the said the Northern Lib¬ 
erties and Penntownship Railroad Company, or any supple¬ 
ments thereto, * * * Provided , however , That 

if the said the Philadelphia and Reading Railroad Company To relay raii- 
shall so purchase, then they shall re-lay said railroad, and street^ pave 
pave in a good and substantial manner the street on which 
said railroad now runs, from the junction thereof with the 
road of the said the Philadelphia and Reading Railroad 
Company, to the termination thereof, on the river Delaware, 
such re-laying and paving to be subject to such rules and 
regulations as the councils of the city shall from time to time 
establish. 

May 5, 1855. (P. L. 610.) 


A Further Supplement to the Act incorporating the Penn¬ 
sylvania Railroad Company. 

Sec. 1. That the Pennsylvania Railroad Company be and Penna.RE. 
is hereby authorized to construct a railroad from a point on 
the Philadelphia and Columbia Railroad north of Market 
street, in the city of Philadelphia, near the repair shop of 
said company; thence passing behind the said shops across 
Market street; thence down "the centre of Mansion street to Route of 
the West Chester Railroad ; thence to some point on the branch road - 
west side of the river Schuylkill, at or near Gray’s Ferry 
bridge; thence crossing said river to the river Delaware and 
terminating thereon, south of the navy yard, by such route 
as may be most practicable and conducive to the public in¬ 
terests : Provided , however , That the line of said road from 
a point one hundred feet north of the north side of Market 
street, to the south side of Chestnut street, and if practicable 



Steam Railroads . 


324 


Tunnels. 


Not to pass 
through Wood¬ 
land cemetery. 


To connect 
with any other 
railroad. 


Philadelp hi a 
and Baltimore 
Central. 

To alter loca- 
t i o n and 
grades. 


Damages. 


To he located 
on South side 
of Philada. and 
Baltimore 
turnpike. 


further south shall be by means of a tunnel at such distance 
below the surface as not to interfere with pipes and culverts; 
and from the point where said tunnel may terminate to the 
south side of Walnut street, said road shall be under the sur¬ 
face by means of a tunnel or covered way, whichever may be 
most practicable ; and from thence to a point one hundred 
feet further southward, by a covered way under or above the 
surface, as may be necessary; and on the line of said Man¬ 
sion street, below Chestnut street, the location of said pipes 
and culverts may be altered by the board as shall be requi¬ 
site : And, Provided further , Said road shall not pass through 
any part of the Woodland cemetery without the consent of 
the directors thereof, and shall be located as regards grades 
and route with the approval of the board of survey of said 
city, and subject to such regulations as the councils of said 
city may from time to time ordain for the public convenience 
and safety. 

Sec. 4. That the said company be and is hereby author¬ 
ized and empowered to connect the said railroad with any 
railroads now or hereafter constructed within the limits of 
the city of Philadelphia, upon the route of said road so ex¬ 
tended, on such terms and for such time and under such re¬ 
strictions as may be agreed upon by the officers and directors 
of said companies. 

April 18, 1856. (P. L. 447.) 


A Supplement to the Charter of the Philadelphia and Balti¬ 
more and Central Railroad Company. 

Sec. 1 . That the Philadelphia and Baltimore Central rail¬ 
road company shall have power under this act to alter the 
location ot their road so as to avoid high grades and short 
curves, and also to make the terminus of said road in West 
Philadelphia instead of at Grub’s bridge, on the West Chester 
and Philadelphia railroad ; Provided , That all damage result¬ 
ing from said alterations shall be assessed under the provisions 
of the general railroad law, approved the nineteenth day of 
February, one thousand eight hundred and forty nine, and its 
supplements; Provided, That the said road so far as it may 
extend within the city and county of Philadelphia, shall be 
located on the south side of the Philadelphia and Baltimore 
turnpike. 

May 1, 1857. (P. L. 375.) 



325 Steam Railroads. 

A Supplement to the Charter of the Philadelphia and West 
Chester Railroad. 

Sec. 4. That the owners or occupier-s of whaves on the 
Schuylkill, below Market street, in the Twenty-fourth ward 
of the city of Philadelphia, shall have the right, jointly or 
severally, to construct a single track railway along Oak street 
from the said Philadelphia and West Chester railroad, 
through Bridgewater street to their respective wharves: 
Provided ', No connection with said road shall be made with¬ 
out the consent of said company, and that said single track 
shall be laid in such manner as the board of survey may 
direct, and shall be subject to such ordinances as councils of 
said city may pass in regard to the use or renewal of the 
same. 

May 13, 1857. (P. L. 508.) 


An Act to incorporate the Fox Chase and Frankford Railroad 
Company. 

Sec. 1. (That the said Company shall have) power and 
authority to construct a railroad from Frankford to the Fox 
Chase, in Philadelphia County, with the privilege of extend¬ 
ing the same to the village of Huntington, Montgomery 
County subject to all the provisions and restrictions of an 
Act regulating Railroad companies approved February 19, 
1849, and the several supplements thereto, so far as the same 
are not altered or supplied by this Act. 

Sec. 3. The said Frankford and Fox Chase Passenger 
Railroad Company shall not occupy, with their road the ma- 
cademized portion of the Oxford Turnpike road, except, so 
far as may be required for such sidling and crossings which 
may be necessary in the construction of the same. 

March 9, 1860. (P. L. 135.) * 


An Act to incorporate the Philadelphia and Montgomery 
County Railroad. 

Sec. 1. (That the said Company shall have) power and 
and authority to construct a railroad, beginning at any point 
on or north of Berks street, and between Front and Sixth 
streets, in said city of Philadelphia; thence by any street or 


Philadelphia 
and Westches¬ 
ter. 


Owners of 
wharves on 
Schuylkill t o 
connect with. 


Subject to city 
ordinances. 


Fox Chase and 
Frankford. 


Route. 


Not to occupy 
Oxford turn¬ 
pike. 


Philada. and 
Montgomery 
Co. 




Steam Railroads. 


326 


Route. 


To conform to 
grades of 
streets. 


Not to occupy 
Kensington 
and Oxford 
turnpike. 


Junction RR. 
Co. 

Subject to Act 
1849. 


Route. 


avenue of said city to the intersection of Lehigh avenue and 
Second street; and thence along said Second street and the 
Kensington and Oxford turnpike road, through the village 
of Olney. to any point on said turnpike road within the limits 
of the Twenty-third ward of said city; with power, also, 
whenever it may be deemed by them advantageous, to con¬ 
struct a lateral road from any point along the line of their 
said railroad, by such route as they may see proper, to the 
village of Bustleton subject to all the provisions and restric¬ 
tions of an act regulating railroad companies, approved the 
nineteenth day of February, Anno Domini one thousand 
eight hundred and forty-nine, and the several supplements 
thereto, so far as the same are not altered or supplied by this 
act; and the said railroad shall conform to the grades of the 
streets of said city over which it may pass; and the said rail¬ 
road company shall have the right to cross at grade any rail¬ 
road which is now or hereafter maybe built within the limits 
of the said city of Philadelphia. 

Sec. 2. That said railroad shall not be constructed upon 
the macademized portion of (the Kensington and Oxford) turn¬ 
pike, except where it may be necessary on bridges or for the 
purposes of turnouts. 

April 2, 1860. (P. L. 677.) 


An Act to incorporate the Junction Railroad Company. 

Sec. 1 . (That the said Company shall be) subject to all the 
conditions and restrictions conferred or imposed by an act to 
regulate railroad companies, approved the nineteenth day of 
February, A. D. 1849, and the supplements thereto. 

Sec. 2. That the said Junction railroad company are here¬ 
by authorized to construct a railroad, commencing at a point 
upon the Philadelphia and Reading railroad, at or near 
the bridge of said company, near Peter’s island, in the river 
Schuylkill; thence by the best route to a point upon the line 
of the Pennsylvania railroad, within one mile east of George’s 
run, at the village of Ilestonville; thence by the line of the 
Pennsylvania railroad, by the most direct and practicable 
route, to a point upon the line of the Philadelphia, Wilming¬ 
ton and Baltimore railroad. 

May 3, 1860. (P. L. 780.) 



327 Steam Railroads. 

A Supplement to an Act to incorporate the Junction Rail¬ 
road Company. 

Sec. 1. That the said Junction railroad company be and Junction r. r. 
they are hereby authorized to connect their road with the Co ' 
road of the Pennsylvania railroad company, at or near the 
West Philadelphia water works, in the city of Philadelphia, 
to use the roadway of the Pennsylvania railroad, and of the 
West Chester and Philadelphia railroad, or either of them, 
with the consent of said companies, respectively, and con¬ 
struct a road to connect them, or either of them, with the To connect 
Philadelphia, Wilmington and Baltimore railroad, at or near ™ads. othe 1 
Grey’s Ferry, or may construct the whole or such parts of 
their railroad as may be needful, with or without the use of 
one or both of the roads of the companies aforesaid, to make 
a complete line of railway from a point on the Philadelphia 
and Reading road, at or near the bridge at Peter’s island, to 
a point on the Philadelphia, Wilmington and Baltimore rail¬ 
road, at or near Grey’s Ferry bridge, by the most convenient 
and practicable route. 

March 23, 18(31. (P. L. 177.) 


An Act to incorporate the Wissahickon, Roxborough and 
Plymouth Railroad Company. 


Sec. 1. (The said company shall have) power to construct wissahickon, 
a railroad connecting with the Norristown branch of the pi°y X mouth? h & 
Philadelphia, Germantown and Norristown Railroad, at a 
suitable point between the School House lane and the late 
borough of Manayunk, in the Twentv-first ward of the city 
of Philadelphia, to Plymouth, in the county of Montgomery ; R oute. 
the said railroad to be constructed as near Ridge avenue as 
shall prove practicable for the interests of the said company 
and the convenience of the citizens residing on said avenue, 
with the right to connect with the Norristown branch of 
the Philadelphia, Germantown and Norristown Railroad. 

Sec. 5. That the said company shall be entitled to all the subject to Act 
privileges and subject to all the restrictions imposed by an 
Act entitled, u An Act regulating railroads,” approved Feb¬ 
ruary 19, 1849, and the several supplements thereto, except 
so far as otherwise provided in this Act. 

April 8, 1862. (P. L. 335.) 



Steam Railroads. 


328 


North l*enna. 


To connect,&c. 


Subject to con¬ 
sent of coun¬ 
cils. 


Frankford ancl 
Southwai k 


To use steam 
power north of 
Perks street. 


Connecti ng 
Railway Co. 


Route. 


To cross 
Schuylkill 
above Girard 
A venae Bridge 


A Further Supplement to an Act incorporating the North 
Pennsylvania Railroad Company. 

Sec. 1 . (The said company shall have power) to connect 
their railroad with that of the Philadelphia, Germantown 
and Norristown Railroad Company, by and through any 
street in the city of Philadelphia, north of Master street and 
not already occupied by the railroad of any other company: 
Provided , That before the said company shall use and occupy 
any street or streets, or route or routes, the consent of the 
councils of the city of Philadelphia shall be first obtained ; 
and said consent shall be taken and deemed to have been 
given if said councils shall not, within sixty days after notice 
given, by said company, of any route or routes, so hereafter 
selected, signify, by ordinances duly passed, their disapproval 
thereof. 

April 10, 1862. (P. L. 363.) 


A Further Supplement to the Act incorporating the Phila¬ 
delphia and Delaware River Railroad Company. 

Sec. 1 . That the Frankford and Southwark Philadelphia 
City Passenger Railroad Company, be and they are hereby 
authorized to use steam power to propel cars upon so much 
of their road as lies north of their depot on Perks street; 
and the said company r is hereby authorized to use that part 
of their said road, heretofore mentioned for the transporta¬ 
tion of merchandise. 

March 4, 1863. (P. L. 107.) 


An Act to incorporate the Connecting-Rail way Company. 

Sec. 1 . (The said Company shall have power) subject to 
an Act regulating railroad companies, approved February 
14, 1849, to lay out, construct, use and operate, a single or 
double track railway, commencing at some point on the 
Philadelphia and Trenton Railroad, by a proper connection 
therewith, at or near Frankford, and extending thence, by 
such practicable route as may be selected by said company, 
to connect with the Junction or Pennsylvania Railroads, in 
the city of Philadelphia: Provided,, Said line is so located as 
to cross the Schuylkill River above the Girard Avenue 




329 Steam Railroads. 


Bridge, the said, the Connecting Railroad Company, to have 
the right to cross-all intermediate railways and streets, at 
grade, if they deem it necessary, but in all such cases, they 
shall provide usual and suitable crossings, and maintain the 
same, at their own expense; Provided, further, That any rail¬ 
way company, whose lines may be crossed, at grade, shall 
have the right to connect their road, by a switch or switches, 
in usual manner, with the connecting railway hereby author¬ 
ized to be constructed, for the purpose of interchanging; 
traffic, if they so elect. 

April 14, 1863. (P. L. 456.) 


An Act to incorporate the Philadelphia, Commercial Wharf 
and Railroad Company. 

Sec 1 . (The said company shall have the right) to con¬ 
struct a railroad with a single or double track from (lands 
at one or more points at or near the river Delaware in the 
First ward in the city of Philadelphia) to intersect and con¬ 
nect with anv other railroad in the city of Philadelphia, at 
or south of Washington street, and at some convenient point 
east of the river Schuylkill, with such branch railroads as 
may be necessary for the business of the company, or the 
improvements created or constructed by them; the routes 
and grades of said roads being subject to the approval of the 
Board of Surveyors of the city of Philadelphia. 

Sec. 4. That in addition to the powers, privileges and 
immunities conferred by this act, the said company shall 
have and enjoy all the rights, privileges, powers and immu¬ 
nities, conferred by the act of assembly, approved the nine¬ 
teenth day of February, Anno Domini, one thousand eight 
hundred and forty-nine, entitled “An Act regulating rail¬ 
road companies,” and shall be subject to the provisions, 
limitations and restrictions of said last mentioned act, ex¬ 
cept so far as they are changed, or modified, or rendered 
inapplicable, by the provisions of this act. 

Sec. 5. That such portions of the Point House road, 
between Church street and its southern terminus, as 
may be occupied by any railroad, for a double track, may be 
widened to the width of one hundred and twenty feet ; and 
the land damages, for all excess of its present width, shall 
be assessed and paid, in conformity with this act, by the Corn- 


Crossings. 


Connections. 


Pliilada. Com¬ 
mercial Wharf 
and Railroad 
Co. 


Route. 


Subject to 
Board of Sur¬ 
vey. 


Subject to Act 
of 1849. 


To widen Point 
House Road. 



Steam Railroads. 


330 


Not to occupy 
streets. 


To run over 
freight rail¬ 
roads. 


Frankford and 
Holmesburg. 

Subject to Act 
Of 1849. 


lioute. 


Connections. 


To extend t o 
Bustleton. 


pany occupying the same; and the Commercial Wharf and 
Railroad Company are hereby authorized to widen, if neces¬ 
sary and occupy, with a single or double track railroad, any 
portion of said road ; Provided , also , That said company shall 
construct no railroad on any street in the city of Philadel¬ 
phia, running north and south, between Second street on the 
east and Twenty-fourth on the west, except to cross said 
streets on, or south of, Snyder avenue ; nor shall said com¬ 
pany construct any railroad on any street running east and 
west, north of said Snyder avenue : Provided farther, That 
nothing in this act shall prohibit said company from running 
their cars over any freight railroad, constructed by any other 
railroad company, in the First and Second Wards in the city 
of Philadelphia. 

May 25, 1863. (P. L. 1864, 1090.) 


An Act to incorporate the Frankford and Holmesburg 
Railroad Company. 

Sec. 1 . (The said company shall have) all the powers and 
be subject to all the provisions and restrictions prescribed 
by an Act entitled, “An Act regulating Railroad Compa¬ 
nies,” approved February 19, 1849. 

Sec. 3. That the said company shall have the right to 
build and construct a railroad, from the village of Holmes¬ 
burg, in the Twenty-third ward of the city of Philadelphia, 
to the late borough of Frankford, within said ward, and at 
such point as may be within, or near to, s«,id borough of 
Frankford, as may connect with any railroad built and con 5 
strueted, or to be built and constructed, by the Frankford 
and Philadelphia Railway Company, of the city of Philadel¬ 
phia, or with any other railroad built and constructed, or to 
be built and constructed, by any other railroad company, 
located or to be located within the limits of said borough of 
Frankford, or in the vicinity thereof: Provided , That the 
officers and directors of any of said railroad companies, or 
their agents, duly authorized, can and do agree with the 
said, the Frankford and Holmesburg Railroad Company, so 
to do, if such connection be considered to the greater benefit 
of said company, and of those using said Railroad. 

Sec. 4. That the said Frankford and Holmesburg Railroad 
Company, if deemed expedient, may extend said railroad 
from Holmesburg to Bustleton, within said Twenty-third 
ward, of the city of Philadelphia. 

July 18, 1863. (P. L. 1864, 1115.) 





831 


Steam Railroads. 


An Act extending so much of the provisions of the act to 
incorporate the Pennsylvania Railroad Company, ap¬ 
proved April 13, 1846, as relates to the making of la¬ 
teral, or branch, railroads to the Lebanon Valley and 
Philadelphia and Reading Railroad Companies. 

Sec. 1 . That so much of the seventeenth section of the act, andRead?n hia 
approved April 13, 1846, entitled “An Act to incorporate ‘ eacin s- 
the Pennsylvania Railroad Compan 3 r ,” as confers the right of 
making lateral, or branch railroads, leading from the main T 0 m a k e 
line of their railroad, to places or point? in either of the bvanch roads - 
counties, into, or through, which the said main line may 
pass, under the provisions and restrictions therein mentioned, 
be and the same is hereby extended and applied to the Phil¬ 
adelphia and Reading Railroad Company. 

April 12, 1864. (P. L. 396.) 


An Act relative to railroads using steam in the City of Phil¬ 
adelphia. 

Sec. 1. That the tenth section of the act approved April Act of 1855 to 
21, A. D., 1855, entitled “A Supplement to the act consoli- passenger 
dating the city of Philadelphia,’ 7 shall not apply to any rail- railwa y s - 
road charter or which may hereafter be chartered, authorized 
by law to use steam as a motive power, and shall only apply 
to passenger railways using public streets, laid out according 
to law. ( Vide , Act April 21, 1855, ante , £age 322.) 

. April 23, 1864. (P. L. 550.) 


An Act supplementary to an act to regulate certain Election 
Districts, and for other purposes. 

Sec. 2. That should the established grade of any street, g^rade of 
lane or avenue, crossing or intersecting a railroad or railway, conformed to 
or any street occupied by a railroad or railway, or which Sdl ° f rail " 
may hereafter be so occupied, differ from the grades of said 
railroad or railway, as arranged by the board of surveys, to 
conform as near as practicable to the established grades, 

(which grades, so conformed, shall be the established grades 
for such street), it shall be the duty of the board of surveys, 
and they are hereby authorized and directed to so change the 
established grades of such intersecting streets, lanes or ave- 




Philad e 1 p h i a 
and Mont¬ 
gomery Co. 


Amendment ot 
Charter. 


Change of 
route. 


City to occupy 
Broad street 
for public 
drive. 


Steam Railroads. 332 

cues as to make them either conform to, pass over or under 
such railroad or railway, as may be found most expedient: 
Provided , That the provisions of this act shall not extend to 
the Twenty-second Ward of the city of Philadelphia. 

May 20, 1864. (P. L. 920.) 


An Act to amend an act incorporating the Philadelphia and 
Montgomery County Railroad Company. 

Sec. 1. That the act entitled ‘‘An Act to incorporate the 
Philadelphia and Montgomery County Railroad Company/’ 
approved the 2nd of April, A. D., 1860, be and the same is 
hereby amended, by striking out from the first section there¬ 
of, the words following, to wit: “to the intersection of Le¬ 
high avenue and Second street: and thence along said Sec¬ 
ond street, and the Kensington and Oxford turnpike road r 
through the village of Olney, to any point on said turnpike 
road, within the limits of the Twenty-third Ward of said 
city, with power, also, whenever it may be deemed,by them, 
advantageous to construct a lateral road from any point along 
the line of,” and inserting in lieu thereof the words follow¬ 
ing, to wit: “or by such route as they may deem most ad¬ 
vantageous, through the village of Olney, to any point within 
the limits of the Twenty-second Ward, east of Fifth street, 
of said city ; with power, also, whenever it may be, by them, 
deemed advantageous to extend,” and the said amendment 
shall have the same force and effect as if the same had been 
originallv enacted. 

March 23, 1865. (P. L. 674.) 


An Act supplementary to an Act to incorporate the City ot 
Philadelphia, authorizing the improvement in Broad 
street, in said city. . 

Sec. 1. That the city of Philadelphia be and is hereby 
authorized and empowered and required to occupy and ap¬ 
propriate Broad street, in the city of Philadelphia, for its 
entire length, as the same is now opened, or may hereafter 
be opened, and from curb to curb thereof, except as herein¬ 
after provided, for the uses, purposes of a public drive, car¬ 
riage way, street or avenue, and to improve the said street. 




333 


Steam Railroads. 


or portions thereof, from time to time, and in whole or in 
part, "with such mode of pavement, paving, macadamizing, to repave, 
graveling or other roadway as may, in the judgment of the 
select and common councils of said city be best adapted to 
and for the uses and purposes aforesaid ; and for that pur¬ 
pose the said councils shall have, and are hereby authorized 
to enact such ordinances, or resolutions with such conditions 
or stipulations as may require the cost of said improvements 
to be paid for by the owners of property abutting upon said 
street: Provided , That so much of Broad street as lies be- Pr0V1S0 - 
tween Willow and Prime streets shall not be subject to the 
operation of this act for the period of three years from the 
passage hereof. 

Sec. 2. The said city of Philadelphia is hereby authorized Tu appropriate 
and empowered and required to take and appropriate all the rights of own- 
estate, rights, interests, .liberties, easements, franchises and cfpawaiaoads 
properties of, into, upon or along the said street, belonging f r J c f {S remo Se 
to or enjoyed by any private owner, or municipal railroad, 
or railway corporation or corporations, thereon or thereupon, 
and to take up and remove therefrom, from time to time, all 
railroad or rail way tracks, or other obstructions thereupon, 
except such tracks as cross said street. 

Sec. 3. And the said city is hereby authorized and em- To appropriate 
powered, for the uses and purposes aforesaid, and to enable and S Heading 
the said street to be occupied and improved, to take and ap- RR ' 
propriate any and all right, title claim, interest, easement, 
liberties, privileges or property, which may belong to the 
Philadelphia and Reading Railroad Company, or which the 
said company may have, in any way, of, in, to, upon, or along, 
said street, or any portion thereof, and the railroad belonging 
to said city, and constructed and laid upon said street, or of, 
in or to, any use of said railroad, or any right, title, or claim, 
to the maintenance and continuance of said railroad, by the 
city, and to remove such railroad tracks from said street, 
first causing just compensation to be made, or secured to be 
made, to the said Philadelphia and Reading Railroad Com¬ 
pany as provided for in section two of this act: Provided 
however , That before the said city shall actually acquire any Compensation, 
such right, title, claim, interest, easement, liberties, privileges, 
property, or use, or shall remove from said street any such 
railroad, or railway track, the amount of compensation, so 
agreed to be paid or ascertained by the jury as aforesaid, 
shall be contributed and paid to the said Philadelphia and 


&"team Railroads. 


334 


Reading Railroad Company, out of money voluntarily sub¬ 
scribed, by the citizens of said city, for that purpose. 

aftertobe h ] e afd Sec. That u P on improvement of said street, or any 
on Broad st. portion thereof, as provided in the first section hereof, and in 
consideration of the payment of the cost thereof, by the 
owners of property abutting thereupon, as aforesaid, or upon 
and in consideration of the contributions and payments of the 
moneys agreed to be paid, or ascertained by a jury, as afore¬ 
said, no person, or persons, or corporations of any kind, nor 
the city of Philadelphia, shall, at any time, hereafter, be 
authorized or empowered, to locate, lay, construct, or main¬ 
tain, any railroad, or railway tracks, or other obstructions, 
prejudicial to the uses and purpose aforesaid, along, or upon, 
said street, or any portion thereof, (except at the intersection 
of streets, and for the purpose of crossing said Broad street.) 

councils to Sec. 5. TVe select and common councils of the city are 
ordinances. y hereby authorized and requested to enact all ordinances, or 
resolutions, necessary and proper for the carrying into effect 
the requirements, provisions and purposes of this act, and in 
like manner to require any railway tracks, hereafter to be 
laid and constructed upon Broad street, to be done under the 
direction of the chief engineer of the said city, in such 
manner as shall not interfere with any carriage, or roadway, 
or boulevard, which may occupy the centre portion of said 
street; and all acts, or parts of acts, inconsistent with the 
terms aad provisions of this act, be and the same are hereby 
repealed. 

March 23, 1866. (P. L. 299.) 


An Act to authorize the Southwark Railroad Company to 
renew their road on Swanson street. 

Southwark hr. Sec. \ That the Southwark Railroad Company is hereby 

authorized to renew its road as far north as South street, 
and to make connections with the properties on the route of 
to Sou tli st re e t! the same, on such terms as may be agreed upon between the 
company and the owners thereof. 

April 9, 1867. (P. L. 984.) 



335 


Steam Railroads. 


A.n Act authorizing the paving of the Grab’s Ferry Road, 
from Cedar street to Federal street; extending the South¬ 
wark railroad, etc., etc. 

Sec. 4. That the Southwark Railroad Company are hereby Southwark rr 
authorized to construct a branch or extension of their present 
road, from a point upon the same at the corner of Prune and 
Broad streets, in the county of Philadelphia, to the outer Jo con struct 
channel of the river Delaware, on League Island. 

April 5, 1849. (P. L. 389.) 


An Act to authorize the formation and regulation of Rail¬ 
road companies. 

Sec. 12. This Act shall not be so construed as to authorize no railroad 
any corporation, formed under this Act to enter upon and cujSfsYreets 
occupv any street, lane or alley in any incorporated city in withou-t^on - 
this commonwealth, without the consent of such city having 
been first obtained. 

April 4, 1868. (P. L. 62.) 


An Act to insure to the citizens of the Commonwealth the 
free use and enjoyment of Fairmount Park, in the city 
of Philadelphia, and to prevent the construction of any 
railroad therein. 

Sec. 1. That the city of Philadelphia is hereby required Fairmount 
to maintain and keep open the said Fairmount Park for the £om future 
free use and enjoyment of all the citizens of this State, sub- railroad con- 
ject to the rules adopted for the good order and government 
of the same; and in consideration of the compliance of the 
said city with the requirements of this act, the State of 
Pennsylvania hereby declares and agrees that no railroad 
shall ever hereafter be constructed within the limits of said 
Fairmount Park : Provided, That nothing in this act shall t?£c P ks a8 now 
be construed to interfere with the rights already acquired by laid - 
any railroad company, whose tracks are now laid within the 
limits of said Fairmount Park. 

March 16th, 1870. (P. L. 451.) 


An Act granting permission to Robert P. Bender to lay a 
single track railroad across Callowhill street, in the city 
of Philadelphia. 

Sec. 1 . That permission arid authority is hereby given to R p Bendert() 
Robert P. Bender to lay a single railroad track across Cal- lay track 
lowhill street, from the north to the south side thereof, at a !uuS^ l0W ' 





Steam Railroads. 


336 


Various manu¬ 
facturers to lay 
track son Front 
street, etc. 


Pliila., Del. & 
Chester C e n - 
tral. 


point on said Callowhill street between two hundred and ten 
feet and three hundred and forty-three feet eastward from 
the east side of Fifteenth street, in the city of Philadelphia, 
and running parallel with said Fifteenth street. 

April 4, 1870. (P. L. 900.) 


An Act for the promotion of manufacturing interests in the 
city of Philadelphia. 

Sec. 1 . That the proprietors of the manufacturing estab¬ 
lishments, situated on Third street or Moyamensing avenue, 
at its juncture with Morris, Tasker, Mifflin and McKean 
streets, in the city of Philadelphia, are hereby authorized 
and empowered to lay out, construct and continue a rail¬ 
road track from Washington avenue along Front street to 
said McKean street, and from the said Front street along 
the said Morris street, and the said Mifflin or McKean 
street to the west side of Fourth street; and for that 
purpose to take possession of and occupy and remove the 
present pavement from so much of the streets aforesaid, as 
may be necessary to connect, by rail, the ground occupied 
by the establishments aforesaid, with any railroad on 
Washington avenue, and also to construct and maintain the 
needful turnouts and connections and to connect with any 
railroad on Washington avenue; with full power to operate 
and use the railroad by steam or horse power, either them¬ 
selves or by contract with others, and with the further right 
to extend the tracks aforesaid along said Morris and said 
Mifflin or McKean street to Swanson street, and there con¬ 
nect with any tracks the Pennsylvania Railroad Company 
may hereafter construct on said street, subject however to 
such reasonable regulations as the said city of Philadelphia 
may impose for the maintenance and preservation of the 
streets aforesaid for public use: Provided , That nothing in 
this act shall be construed as authorizing the laying of a 
railroad track on Moyamensing avenue. 

April 7, 1870. (P. L. 1046.) 


An Act to incorporate the Philadelphia, Delaware and 
Chester Central Railroad, in the counties of Philadel¬ 
phia, Delaware and Chester. 

Sect. 1. (That the said company shall be subject to) all the 
provisions and restrictions prescribed by an act, entitled 
“ An Act regulating Railroad Companies,” approved Febru- 




337 


Steam Railroads . 


ary 19, 1849, and the several supplements thereto, except so onsfj* toAct 
far as may be changed bv this act. 

Sec. 3. The said company shall have the right to build or ^ 
construct a railroad, beginning at or near the city of Phila- * 
delphia, thence by such practicable route, with moderate Route, 
grade as will in the opinion of the president and directors of 
the said company most conduce to the public interest, termi¬ 
nating at some point on the Pennsylvania Central Railroad, 
east of the Downingtown station in the County of Chester, in 
such manner as to connect with the said Pennsylvania Rail¬ 
road. 

Sec 6 . That the said company shall have power to con To t connect 
nect with and to cross, at any grade, any other Railroad now loads, 
or hereafter built, and to construct a branch or branches, 
not more than seven miles in length from the main line. 

March 17, 1871. (P. L. 1872,1269.) 


An Act to authorize Freight Railroads within the limits of 
the city of Philadelphia, to salt their turnouts and 
switches, and to remit certain penalties. 

Sec. 1. That it shall and may be lawful for all freight rail¬ 
roads, operating within the limits of the city of Philadel- Fre . ht raU 
phia, to place salt upon their turn-outs and switches within roads g may use 
the limits of said city, any law or ordinance to the contrary oSts. ° n turn ' 
notwithstanding; and further, that any fine or penalty hither¬ 
to imposed shall be and the same is hereby remitted and 
discharged, and any suit or claim brought forlhe recovery 
of the same is hereby directed to be discontinued and dis¬ 
charged ; this act, however, shall not be construed to au¬ 
thorize the general salting of the track of aiiy such rail¬ 
roads as aforesaid. 

May 26th, 1871. (P. L. 124R) 


An Act to repeal so much of the act approved April 7, 
1870, as relates to the using of the steam locomotive on 
Morris street in the city of Philadelphia. 

Sec. 1. That so much of the act entitled “ An Act for 
the promotion of manufacturing interests in the city of 
Philadelphia” approved April 7, A. D. 1870, authorizing a 




Steam Railroads. 


338 


steam railroad on Morris street in the city of Philadelphia, 
pe^mittin 0 ? be and the same is hereby repealed. ( Vide Act, April 7, 


ste 
on M 


rn railroad 1870, ante p rge 336.) 

June 2, 1871. (P. L. 130.) 


An Act, Supplemental to an act, entitled “An Act for the 
promotion of the manufacturing interests in the city of 
Philadelphia,” approved April 7, A. D. 1870. 

Sec. 1. That from and after the passage of this act it 
Manufacturers shall and may be lawful for the proprietors of the manu- 
T°asker St* ° n facturing establishments, mentioned in the act to which 
this is a supplement, to lay out, construct and continue a 
railroad track in the manner authorized by said act, from 
Front street along Tasker street to the egst side of Fifth 
street, in said city, with all the powers, rights and privileges 
as to the construction and use of the said railroad track 
along and over Tasker street, which are given in the act to 
which this is a supplement, for the construction and use of 
a railroad over Morris, Mifflin and McKean streets; Pro¬ 
vided, That nothing in this act shall be so construed as to 
run a locomotive on Morris street, in the city of Philadel¬ 
phia. 

June 2, 1871. (P. L. 1318.) 


A Supplement to an act entitled “ An Act to incorporate 
the Philadelphia and Montgomery County Railroad 
Company. 

uhiia. & New- Sec. 1. That the name of the Philadelphia and Mont¬ 
gomery County Railroad Company is hereby changed to 
the Philadelphia and Newton Railroad Company. 

Sec. 2. That the powers conferred upon said railroad com- 
Anjanpe m ent panv and the Kensington and Oxford Turnpike Road Com- 
co. 1 unipl ' e pany, by the second section of the act to which this is a 
supplement, be and the same power is hereby extended so 
as to allow said railroad and turnpike road company to 
make such arrangements as may be mutually agreed upon, 
so as to allow the use of the macadamized portion of said 
turnpike road for the purpose of laying a single or double 







339 


Steam Railroads. 


railroad track, after having the assent of the stock holders 
representing a majority of the capital stock of the said turn¬ 
pike road company. 

March 20, 1872/ (P. L. 447.) 


An Act to authorize the Pennsylvania Railroad Company 
to occupy certain portions of Delaware Avenue, in the 
city of Philadelphia, for railroad purposes and make 
connections therewith, etc. 

Sec. 1 . That the Pennsylvania Railroad Company be and Penna.R.R. 
is hereby authorized to construct a double track railroad 
upon the easternmost thirty feet of Delaware avenue in said ware k A°ve. T>ela 
city, as re-located between Queen and Washington streets, 
and as widened between the north side of Dock street and 
said Christian street, with such connections with its Dela¬ 
ware river extension and turn-outs as may be necessary. 

March 12, 1873. (P. L. 253.) 


An Act to incorporate the Philadelphia and Merion Rail¬ 
road Company. 

Sec. 1. (That the said Company shall) have all the pow- ™ a - & Meri * 
ers and privileges, and be subject to all the restrictions, 
terms and conditions which are authorized and imposed by 
an act regulating Railroad Companies, approved February subject to Act 
19, A. D. 1849, and not inconsistent with the provisions of ° 8 
this act. 

(That the said company shall havej authority to lav out 
and construct a railroad connecting with the Pennsylvania 
Railroad at some point between Belmont avenue and City 
avenue in the city of Philadelphia, and extending thence by 
the most eligible route to Conshohocken * * * and to Route, 

occupy not over thirty feet of any street not yet graded. 

April 15, 1873. (P. L. 786.) 


A Supplement to an Act to authorize the Pennsylvania 
Railroad Company to occupy certain portions of Dela¬ 
ware avenue in the city of Philadelphia, for Railroad 
purposes, etc., approved the twelfth day of March, A, D. 





Penna. R. R. 


Tracks on Del¬ 
aware a ve. 


nties, towns, 
etc.,to enter 
into cont acts 
with railroad 
companies. 


Steam Railroads. 340 

1873, authorizing the said company to occupy any por¬ 
tion of Delaware avenue between the north side of Dock 
street and the south side of Christian street in said city 
for railroad purposes, with the consent of councils of 
said city. 

Sec. 1. That it shall and may be lawful for the Pennsyl¬ 
vania Railroad Company, with the consent of the select and 
common councils of the city of Philadelphia, to construct a 
double track railroad upon any portion of Delaware avenue, 
between the north side of Dock street and the south side of 
Christian street in said city. 

(Vide Act March 12, 1873, ante page 339.) 

June 6,1873. (P. L. 1874, 415.) 


An Act to authorize the counties, cities, towns or townships 
of this state, respectively, to enter into contracis with 
railroad companies whose roads enter their limits, where¬ 
by said companies may re-locate, change or elevate their 
railroads. 

Sec. 1. That the proper authorities of any county, city, 
town or township of this state, respectively, be and the}^ are 
hereby authorized and empowered to enter into contracts 
with any of the railroad companies, whose roads enter their 
limits, respectively, whereby the said railroad companies 
may re-locate, change or elevate their railroads within said 
limits or either of them, in such manner as in the judgment 
of such authorities, respectively, may be best adapted to 
secure the safety of lives and property, and promote the inter¬ 
est of said county, city, town or township; and, for that 
purpose the said authorities shall have power to do all such 
acts as may be necessary and proper, to effectually carry out 
such contracts; and any such contracts made by any railroad 
company or companies as aforesaid with said authorities or 
either of them, are hereby fully ratified and confirmed 
Provided, That nothing in this proviso contained shall affect 
any contract made, or hereafter to be made, with any railroad 
company, from apportioning the expenses of altering and 
adjusting the grades of existing railroads and intersecting 
streets in any city or borough, so as to dispense with grade 
crossings. 

June~9, 1874. (P. L. 282.) 



341 


Steam Railroads. 


An Act to authorize the Governor to incorporate a Company 
to erect a bridge over the Conernaugh river and for other 
purposes. 

Sec. 14. And the said (Philadelphia, Wilmington and JJSfmJ! 11 ’ & 
.Baltimore Kail road ) Company are hereby authorized to lay 
a double truck of rails on the centre of the said (Prime) frlmesueetl" 
street, immediately after the passage of this Act, and on no 
other street running parallel therewith. 

February 27, 1838. (P. L. 1837-8, 39.) 


ORDINANCES AND RESOLUTIONS OF COUNCILS OF PHILADELPHIA. 

Resolution. 

That the Pennsylvania Railroad Company be authorized Penna. r.r. 
to construct a track alongside of the present tracks in Pock street.° n D ° ck 
street, east of Second street, extending on the southwesterly 
side from Second street, easterly to the west side of Front 
street. 

Feb. 18,1859. (Ords. 69.) 


Resolution. 


Whereas, The Philadelphia, Wilmington and Baltimore phi , a Wll 
Railroad Company have contracted for certain lots on Six- Baltimore, 
teenth street * * Resolved * * That the right to lay 

railway tracks across said Sixteenth Street (the said tracks 
to extend into said lots) be and the same is hereby granted 
to said Philadelphia, Wilmington and Baltimore Railroad 
Company, and further, that the said company may extend 
their tracks into Prime street across said lots, which they are p/imest. 8 
about to purchase, so as to connect the same with the road 
now existing upon said street. 

May 24, 1862. (Ords. 191.) 


& 


on 


Resolution. 

That the Pennsylvania Railroad Company be and is hereby Penna. r. ft. 
permitted to lay a second track on Juniper street, from Track on junt- 
Market to Olive street, in the City of Philadelphia. 

March 4, 1869. (Ords. 86.) 




Steam Railroads. 


342 


Phila. & R< ad- 
ing. 

To remove 
tracks on 
Broad st. 


North Penna. 

Turnouts on 
Front st. 


To keep streets 
in reraT. 


Penna. K. R. 


To occuny Del¬ 
aware ave. 


Pi i!a. & Read¬ 
ing. 

Track acn sb 
Delaware ave. 


Resolution. 

That the Philadelphia and Reading Railroad Company be 
and they are hereby requested to remove their tracks on 
Broad street, north of Vine street, parallel with the said 
Broad street, within sixty days after the passage of this 
resolution. 

June 20, 1870. (Ords. 331.) 


Ordinance. 

That the North Pennsylvania Railroad Company be and 
they are hereby authorized to lay such turnouts from their 
tracks on Front street as they may deem necessary into 
their premises on the south-west and north-west corners of 
Front and Noble streets; Provided, That the said company, 
so long as the said turnouts or any of them remain, shall at 
all times keep that part of Front street lying in front of 
their two lots of ground on the north-west and south-west 
corners of Noble and Front streets, aforementioned, in good 
repair, and the said company is hereby further authorized 
under the supervision of the Chief Commissioner of High¬ 
ways, to straighten and widen at their expense that part of 
Noble street, lying between their said two lots of ground, 
and the said company is hereby further authorized to 
straighten their tracks extending across Delaware avenue, 
and on the wharf south of said Noble street. 

November 1, 1870. (Ords. 498.) 


Ordinance. 

That the consent of the city of Philadelphia is hereby 
given to the Pennsylvania Railroad Company to occupy so 
much of (Delaware) avenue as may be necessary for busi¬ 
ness purposes from its intersection with Commercial avenue, 
to the point where it is crossed by Pollock street; Provided ,, 
The width so occupied shall not exceed forty feet. 

November 23,1872. (Ords. 520.) 


Ordinance. 

That permission be and is hereby granted to the Phila¬ 
delphia and Reading Railroad Company to lay a railroad 
track across Delaware avenue, to connect wharf 22, above 





343 


Steam Railroads 


Callowhlll street, with track now laid through the yard of 
Edward J. Etting, from Water street to Delaware avenue: 

Provided , That the permission hereby granted shall be revo- Revocable, 
cable by the passage of an Ordinance or resolution to that 
effect without notice. 

November 23. 1872. (Ords. 524.) 


Resolution . 

Whereas , (Delaware avenue has been widened by adding 
thereunto a strip of ground thirty feet wide between Queen 
and Christian streets, and also between Dock and Christian p en na. r.r, 
streets); Resolved, That the Pennsylvania Railroad Company 
is hereby authorized to- occupy the thirty feet of width 
added to Delaware avenue for railroad purposes * * * Delaware ave. 

Provided that the said Railroad Company shall forever keep to weep in re¬ 
in good order and repair the said thirty feet in width of pair * 
said Delaware avenue hereby authorized to be occupied by 
them. 

July 3, 1872. (Ords. 324.) 


Resolution. 

Whereas , by resolution approved July 3, 1872, the Penn- penna. r. k. 
sylvania Railroad Company was duly authorized to occupy 
the thirty feet added to the width of Delaware avenue for 
railroad purposes * * Resolved , That the Pennsylvania 

Railroad Company are hereby authorized to lay their dou- Jwareave Del ‘ 
ble track railroad upon Delaware avenue, in such position 
that the centre line thereof shall be forty-eight feet three 
inches from the westerly line thereof, excepting where a 
deviation is necessarv to overcome the offsets in the line of 
the avenue: Provided , The said Pennsylvania Railroad ^ jn e 
Company shall keep the paving upon the space herein au- m ' e ‘ 

thorized to be covered by said tracks in repair, without cost 
to the city, in lieu of the space designated for the original 
location of tracks, and that they shall in cases where the 
said avenue is not opened and in use, occupy the thirty feet 
before authorized until the avenue shall be in condition for 

June 24,1873. (Ords. 336.) 



Fenna. Ware- 
hoi.s ng Co. 


To lay tracks 
on certain 
streets 


To keep in re¬ 
pair. 


Not to p rmit 
cars to remain, 
etc. 


River Front II. 
R. 

Tracks on Del¬ 
aware ave. 


To occupy cer¬ 
tain streets 
with Phi la. & 
Reading. 


Steam Railroads. 344 

Ordinance. 

That the Pennsylvania Warehousing Company be and 
are hereby authorized to lay railway tracks along the follow¬ 
ing streets, to wit: To connect on Swanson street, below 
Almond street, with the tracks at present laid, then extend 
westwardly along Almond street to Penn street, and thence 
northwardly along Penn street to Pine street, and eastwardly 
on Pine street to connect with the tracks of the Pennsyl¬ 
vania Railroad on Delaware avenue with the privilege of 
connecting their warehouse at Penn and Lombard streets 
with said tracks: Provided, That said Pennsylvania Ware¬ 
housing Company first execute an agreement with the city 
of Philadelphia to keep the streets over which said tracks 
shall extend, in good order and repair, from curb to curb, 
at their own expense, subject to the existing Ordinances or 
future Ordinances of Councils; And provided farther , That 
said Pennsylvania Warehousing Company shall not allow 
any of their cars to remain on any of said streets for a 
longer period than is necessary to have the same promptly 
delivered to said building at Penn and Lombard streets. 
May 15, 1874. (Ords. 199.) 


Ordinance. 

Sec. 1. That the River Front Railroad Company be and 
the same is hereby authorized to occupy, with a single track 
railroad, for ordinary railroad purposes and uses, with suita¬ 
ble and necessary turnouts into and upon the warehouses and 
wharves located thereon (when said turnouts are requested 
br the owners of said warehouses and wharves), so much of 
Delaware avenue as lies between Dock street and the south 
side of Callowhill street. * * * * * * 

Sec. 2. The River Front Railroad Company and the Phil¬ 
adelphia and Reading Railroad Company are hereby author¬ 
ized to occupy with a single track railroad, for the purposes 
and privileges mentioned in Section 1 of this ordinance (or 
with a double track when the width of the street or avenue 
shall render the same practicable), the following streets and 
avenues, viz : Delaware avenue, from the south side of Cal- 
lowhill street to Shackamaxon street; Shackamaxon street, 
from Delaware avenue to Beech street; and Beech street, 
from Shackamaxon street to and across Cumberland street to 
such point on the property of the Philadelphia and Reading 




345 


Steam Railroads. 


Railroad Company on the northeasterly side of the said Cum¬ 
berland street as may be selected by the said Philadelphia 
and Reading Railroad Company. It being clearly under¬ 
stood and defined that any and all sidings or turnouts that 
may be constructed from and out of the line of railroad, as 
herein authorized into or upon any warehouse or wharf ad¬ 
joining the same, and between the" north side of Cumberland 
street and the south line of Callowhill street shall be at all 
times free, to and for the use of the said River Front and 
Philadelphia and Reading Railroad Company, sd that all 
manufacturers and business interests along the said line shall 
have the full benefit of receiving from and delivering prop¬ 
erty to said roads. 

Sec. 3. The River Front Railroad Compan}^ are hereby 
authorized, for the purposes and privileges named in Section 
1 of this Ordinance, to use and occupy with a single track 
railroad (or with a double track when the width of the street 
or avenue shall render the same practicable) so much of Cum¬ 
berland street as lies between Beech street and Richmond 
street, the easterly side of Richmond street, to be widened as 
hereinafter provided, between Cumberland street and Lehigh 
avenue, and Lehigh avenue from Richmond street to the line 
of the Philadelphia and Trenton Railroad. * *. * 

Sec. 5. The said railroad company or companies shall have 
full power to lay its or their tracks over and across the curb 
and footway, when the same is necessary for curving from 
one street to another. * * * * * * * 

Sec. 7. That if at any time hereafter it shall be found that 
the transit, of cars, with steam power or otherwise, over any 
portion of the streets or avenues herein mentioned south of 
Callowhill street, is detrimental to the general uses or traffic 
upon such street or avenue, the Select and Common Councils 
reserve the right to direct, by ordinance or' resolution, that 
such transportation shall be conducted or carried .on only be¬ 
tween the hours of six o’clock P. M. and seven o’clock A. M. 

* Provided , That no higher charges shall be made by either of 
the companies hereinbefore named for the transportation of 
any traffic over the several lines of railroad hereinbefore 
authorized to be constructed, than are permitted by the pro¬ 
visions of the Act of General Assembly of the Commonwealth 
of Pennsylvania, entitled “An Act regulating Railroad Com¬ 
panies,” approved February-19, 1849; And provided faxther, 
That it shall not be lawful for any> engine or engines, car or 


Turnouts. 


To occupy cer- 
t a i n o t h e r 
streets. 


To lay tracks 
across foot way. 


‘To regulate 
time of Trans¬ 
portation of 
Height an cl 
transit of cars. 


Phila. & Tren¬ 
ton. 

authorized to 
lay tracks. 


Phila. & Tren¬ 
ton. 

To extend line. 


Phila. & Read¬ 
ing 

To erect safety 
gates. 


Steam Railroads. 346 

cars to stand upon any part of the railroad track hereby au¬ 
thorized, south of Callowhill street, for any purpose, for a 
longer time than ten consecutive minutes, subject to a pen¬ 
alty of five dollars for each and even offence, to be collected 
as like penalties are now recoverable by law : And. provided 
farther , That nothing herein or hereby granted shall prevent 
councils from exercising, by ordinance, a proper regulation 
of the running of cars and locomotives over the streets herein 
named, as may be required for the protection of the citizens 
and the business interests of the city. 

May 31, 1877. (Ords. 119.) 


Ordinance. 

That the Philadelphia and Trenton Railroad Company be 
and thev are hereby authorized to construct a single track 
railroad turnout connecting the Philadelphia and Trenton 
Railroad with the City Gas Works, now building on the 
Delaware River at the foot of Tioga street. Said connection 
to extend from a point at or near the intersection of the said 
Philadelphia and Trenton Railroad with Tioga street, upon 
the line of the said Tioga street to the City Gas Works, at 
the Delaware River. 

June 20, 1877. (Ords. 176.) 


Ordinance. 

That the Philadelphia and Trenton Railroad Company is 
hereby authorized to extend the line of railroad, as specified 
in Ordinance of the Select and Common Council, approved 
June 20th, 1877, and to which this is a supplement, north¬ 
ward from said Tioga street over and upon the lines of Car¬ 
bon street and Delaware avenue as laid out upon the plans 
of the City of Philadelphia, and not open, to the village of 
Bridesburg in the Twenty-fifth Ward. 

February 27, 1878. (Ords. 35.) 


Ordinance. 

That the Philadelphia and Reading Railroad Company is 
hereby permitted to erect safety gates at tbe crossing of 
Fairmount avenue and Ninth street, Poplar street and N inth 





347 


Steam Railroads. 


street, Fairmount avenue and Pennsylvania avenue, and 
Seventeenth street and Pennsylvania avenue on the line of 
the Philadelphia and Reading Railroad. 

February 5, 1878. (Ords. 27.) 


Ordinance. 

Sec. 1. That the Pennsylvania Railroad Company be and 
is, hereby authorized to occupy the end of Filbt rt street, at 
the river Schuylkill, with anabuttment for a railroad bridge, 
to be erected over and across the said river, and to use ihe 
line of said Filbert street from said abuttment eastwardly to 
Shock street (two hundred and twenty feet eastward of 
Twenty-first street) with an iron trestle work, for supporting 
a branch line of railroad that shall connect the main line of 
the Pennsylvania Railroad Company in West Philadelphia 
with property owned by the said company in the vicinity of 
Market and Fifteenth street, Provided , That the said abutt¬ 
ment and iron trestle work shall be constructed to the satis¬ 
faction and acceptance of the Chief Engineer and Surveyor 
of the City of Philadelphia, and shall not prevent'the use of 
the said Filbert street, as so occupied, as a public highway 
and thoroughfare to the river, and that the clear headway 
under such trestle-work shall not be less than thirteen 
feet. 

Sec. 2. That the said Pennsylvania Railroad Company 
are hereby authorized to bridge each and every of the streets 
running north and south, lying between Merrick street on 
the east and river Schuylkill on the west, wherever the line 
of said railroad may cross the same between Filbert street on 
the north and Jones street on the south ; Provided, That the 
structure for crossing said streets shall not interlere with the 
use of the street as a public thoroughfare, and that there 
shall be a clear headway at middle of carriage way of at least 
thirteen feet; and that the said Pennsylvania Railroad Com¬ 
pany shall construct stone or brick bridges across Twenty- 
first and Twenty-second street, Provided , Suitable arrange¬ 
ments can be made with the Trustees of the City Gas Works 
for sufficient ground at Twenty-second street on the south 
side of Filbert street. 

October 13, 1879. (Ords. 156.) 


Penna. It. R. 

To occ upy end 
< f Filbert st. 
for bridge. 


Subject to np- 
p oval of Ch ef 
i ngineor and 
surveyor of 
the city. etc. 


To bridge 
stieets. 


Nottointerfere 
with use of 

streets. 


Gas Woiks. 



Steam Railroads. 


348 


Phila., Wil. & 
Baa.more. 


Safety gates. 


Not to be clos¬ 
ed longer than 
five minutes. 

Penalty. 


Phila. & Read' 
ing. 


Sidings on 
Ninth st. 


Ordinance. 

That the Philadelphia, Wilmington and Baltimore Rail¬ 
road Company be and they are hereby permitted to erect, 
maintain and operate a pair of safety gates at the intersec¬ 
tion of Washington avenue and Sixteenth, Seventeenth, 
Eighteenth, Nineteenth, Twentieth and Twenty-third street 
respectively, and to erect at each of the said intersections, a 
frame structure of sufficient size for the accommodation and 
shelter of the watchman charged with the duty of operating 
the said gates, Provided , however , That the said gates shall 
not be kept closed continuously for a longer period than five 
minutes at one time, under a penalty of Twenty-five Dollars 
for each offence, recoverable as penalties for the breach of 
City Ordinances are now by law recoverable. 

October 11, 1880. (Ords. 154.) 


Ordinance. 

* * The (Philadelphia and Reading Railroad ) Com¬ 

pany is hereby authorized to lay two additional sidings on 
Ninth street between Wallace and Green streets. * * 

Provided , That the said sidings shall be removed upon 
the passage of an Ordinance or Resolution to that effect. 
October 11, 1880. (Ords. 156.) 



DIGEST OF DECISION I|t PENNSYEVANU 

RELATING TO 

PASSENGER RAILWAYS. 


ABANDONMENT (see Non-User). 

ACCIDENT (see Negligence). 

ACTS OF ASSEMBLY. 

“ Sunday Law” of 1794. Sunday 1, 2. 

Act of May 22, 1822. Practice 2. 

“ “ April 29, 1844. Taxes 6, 8. 

u u April 8, 1846. Equity 10. 

“ 4; Feb. 19, 1849. Charter 5,6 ; Damages 1; Railroad 1. 

u “ April 15, 1850. City 3. 

“ “ Jany. 4, 1859. Taxes 7. 

u “ x4pril 8, 1861. Organization 1; Sale 1. 

“ k ‘ May 16, 1861. Consolidation 1, 2, 3. 

“ April 4, 1868. Limitations 1, 2. 

“ “ Au^. 5, 1870. Building Commission 1. 

“ “ June 19, 1871. Franchises 1, 2. 

“ March 12, 1873. Powers 8. 

“ “ March 19, 1879. City 2. 

AGENTS (see Officers ; for responsibility for acts of servants, 
see Negligence). 

APPRAISEMENT (see Omnibus Lines 1). 

AUDITOR GENERAL’S REPORTS (evidence of capital 
paid in, see Taxes 1). 

AWARD (see Omnibus Lines 1). 



350 


Digest of Cases. 

BOARD OF SURVEYS (see City 15, 16, 18. Franchises 1. 
Streets 1). 

BONDS. 

1. A bill will lie by mortgage bondholders to restrain 
their mortgagor, a passenger railway company from tearing 
up and abandoning part of the road covered by the mort¬ 
gage, even though such road is not self sustaining and the 
proceeds from the sale of the rails, etc., are to be appropri¬ 
ated in liquidation of the bonds. 

Watt v. Passenger Railway Co. (C. P.), 6 Phila. 386, per 
Brewster, J. 

BONDHOLDERS (see Bonds). 

BUILDING COMMISSION (see Equity 10). 

1. The Act of Aug 5, 1870, does not give the Public 
Buildings Commission power either to obstruct the route of 
a passenger railway or to confer upon a passenger railway 
company the right to alter its course. 

West Phila. P. By. Co. v. Perkins, (C. P). 10 Phila. 20, per 
Allison, P. J. 

BURDEN OF PROOF (see Negligence). 

CAPITAL STOCK (see Stock and Stockholders). 

CARRIERS (see Passengers). 

CARS (see City 8) 

CHARTERS. 

(bor decisions on special charters see Passenger Railways. 
See also City. Constitutional Law. Franchise. Non-User. 
Powers. Streets) 

Construction of .— 1. An Act of Assembly incorporating a 
Company is a compact between the Public and the Company; 
but the rights of the Company are only such as the very 
terms of the enactment, confer, and any ambiquity must oper¬ 
ate against the Company and in favor of the Public. 

Dugan v. Bridge Co., 3 Casey 303, per Woodward J. 

2. That which a Company is authorized to do by its Act 
of Incorporation it may do; beyond that all its acts are 
illegal. 

Powers must be given in plain words or necessarily im¬ 
plied. Corporations can take nothing by construction. 




351 Digest of Cases. 

Commonwealth v. Railroad Co ., 3 Casey 339, per Black, 
C. J. 

3. Modifications and improvements in a Charter of a Cor¬ 
poration useful to the public and beneficial to the Company 
and in furtherance of the understanding of the subscriber as 
to the object to be effected, do not impair the contract of sub¬ 
scription to the Capital Stock as against a non-assenting sub¬ 
scriber. 

Everhart v. Railroad Co., 4 Casey 339, per Woodward J. 

4. Under an original grant of corporate rights the gran¬ 
tee must comply strictly with all the conditions precedent, 
to the taking effect of the grant. 

Private corporations claiming franchises against public 
rights must show clearly that they are entitled to their claim; 
if the charter leaves the right doubtful, it will be resolved 
in favor of the Commonwealth. 

Commonwealth v. Central P. Rg. Co., 2 P. F. Smith, 506, 
per Strong J. 

Forfeiture for Non-Completion. — 5. Charters of Passenger 
Railway Companies in which no time is limited for the com¬ 
pletion of the road or part of it, are not forfeited under the 
Act of Feb. 19, 1849 because the road is not completed within 
three years from incorporation. 

City v. thirteenth $ Fifteenth P. Ry. Co. (C. P.), 8 Phila¬ 
delphia 648, per Allison P. J. 

6. The Act incorporating the Philadelphia City Passen¬ 
ger Railway Company authorized it to extend its road “ at 
any time.” Held that it repeals so far as this company is 
concerned, that part of the Act of 1849 which provides for 
the construction of a proposed road within three years after 
incorporation under penalty of forfeiture. Charter rights of 
the Company discussed. 

West End P. Ry. Co. v. Phila. City Pass. Railway Co. (C. 
P.), 10 Phila. 75, per Peirce, J. 

Legislative Control —7. A grant of the exclusive right of way 
along a street will receive a “reasonable construction” and 
will not prevent a future grant of right of way to a company 
not in competition with the first. 

Phila. and Cray's Ferry P. Ry. Co.'s Appeal, 6 Outer 123, 
per Paxson, J. (Mercur, C. J., and Sterett, J. dissenting.) 

8. A supplement to a charter which enlarges the privileges 
of the company without increasing its burdens is a mere li 




Digest of Cases. 352 

cense or promise and may be revoked at pleasure. Ibid. 

CHIEF COMMISSIONER OF HIGHWAYS (see. City 17. 

Streets 6, 8). 

CITY ( see Equity 2, 3, 1±. Streets 1) 

Consent of. —1. Where it is provided that before a passen- 
ger railway company shall occupy streets, the consent of City 
Councils shall be first obtained, and the latter declare their 
disapproval thereof, a later ordinance consenting to the use 
of streets does not revive the privilege. 

Musser v. Fairmount and Arch street P. Ry. Co ., 5 Clark 
466. 

2. A passenger railway company incorporated in 1859, was 
by its charter required to obtain the consent of councils be¬ 
fore occupying streets; by a supplementary act passed in 
1861, which contained no such provision, the company was 
authorized to lay certain other tracks. 

Held , that consent of councils was still necessary under the 
later act, because in pari materia with the charter, and also 
because the company was subject to the general Act of March 
19, 1879 (P. L., 9), requiring consent of councils in all cases. • 

Pittsburg A. cf M. P. Ry. Co.’s Appeal , 1 Penny. 449, per 
Curiam. 

Control of. —3. Corporations must carry on business under 
municipal regulations, and corporations in a city are to be 
regarded as its inhabitants. 

An ordinance of Phi la. requiring passenger cars to be 
numbered and licensed is a police regulation and such ordi¬ 
nance may be made under Act of April 15, 1850. 

Frankford $ Phila. P. Ry. Co. v. City of Plata., 8 P. F. 
Smith, 119, per Strong, J. (See 6. Phila. R. 238). 

4. A grant to a corporation to carry passengers in cars over 
the streets of the city does not necessarily exempt it from, 
liability to municipal regulation. The right is neither 
greater nor less than a natural person possesses. Ibid. 

5. A passenger railway companv, having laid its road in the 
city of Philadelphia, is bound by the reasonable and necessary 
regulations of the cit\ for the preservation of public rights 
in the highways; but the city will be restrained from inter¬ 
fering with the tracks and property of passenger railways if 
the public object sought by the city can be obtained with¬ 
out such interference (case of straightening tracks on Market 
street). 



353 Digest of Cases. 

West Phila. P. Eg. Co. v. The City (C. P.), 30 Leg. Int. 
256, per Allison, J. 

6. A passenger railway company is subject to municipal 
control in regard to a modification, or change of its track or 
lines where such change is reasonable and necessary. 

West Phila. P. Ry. Co. v. City (C. P.), 10 Phila. 70, per 
Allison, P. J. 

7. An injunction will not lie to restrain the city from 
changing the grade of a street over which a passenger rail¬ 
way company has the right of way. 

Ridge Ave P. By. Co. v. City (C. P.), 10 Phila. 37, per. 
Allison, P. J. 

Ordinances. —8. Ordinances of the city of Philadelphia 
must be reasonable or the Court will not enforce them. 

Ordinance of October 21, 1869 is unreasonable under pro¬ 
visions of charter of Empire Passenger Railway Company. 

Ordinance of July 11, 1857 is reasonable. 

City v. Empire P. Ry. Cb., 7 Phila. R. 321 (C. P.), per 
Ludlow, J. 

9. A city ordinance requiring a passenger railway company 
to remove its tracks because the street upon which such 
track lies, is obstructed by the laying of the tracks of another 
company, is not justified by necessity and its enforcement 
may be prevented by injunction. 

West Phila. P. Ry. Co. v. City (C. P.), 10 Phila. 70, per 
Allison, P. J. 

10. A city cannot prohibit a passenger railway company 
having chartered rights upon the streets, from running its 
cars because of infraction of a city ordinance. 

Harrisburg v. Harrisburg P. Ry. Co ., 1 Pearson 298, per 
Pearson, J. 

Motion to continue special injunction to restrain the de¬ 
fendants who were hack drivers from interfering with the 
laying of complainant’s tracks as authorized by charter. 
The defendants set up authority by city ordinance to occupy 
the street in question as a hack stand. Injunction continued 
because councils cannot by ordinance impair chartered rights. 

West Phila. P. Ry. Co. v. Dougherty , et. al. (C. P. 2), 3 

W. 1ST. 0.62. 

12. The Councils of a city cannot by ordinance confer upon 
a railway corporation the right to occupy a street even tem¬ 
porarily. 


354 


Digest of Cases. 

Attorney General v. Lombard Sp South Sts. P. Ry. Co. (C. 
P.), 10 Phil a. 352, per Allison, P. J. 

As a party to suits. —13. The city is a competent party to a 
bill to restrain an illegal use of a public highway by an 
attempt to lay a passenger railway track thereon. 

Property holders along the line of the proposed railway 
alleging damage are also competent parties to such a bill. 

City v. Thirteenth $ Fifteenth Sts. P. Ry. Co. (C. P.), 8 
Phila. 648, per Allison, P. J. 

14. The park commission has power to use the name of 
the city of Philadelphia in an}' proceeding in law or equity 
that may be necessary to carry into effect the objects referred 
to in the act creating the commission.” 

City v. Germantown P. Ry. Co. (C. P.), 10 Phila. 165, per 
Paxson, J. 

City officers. —15. The plans of the city surveyor do not 
have to be confirmed by the court unless an appeal there¬ 
from is taken. 

Ridge Are. P. Ry. Co. v. City. (C. P.), 10 Phila. 40, per 
Allison, P. J. 

16. A company tiled plan with Board of Surveyors show¬ 
ing proposed route under their charter and City Councils 
granted permission to use said route. The plans showed that 
on 7th street the company proposed to run on existing rails 
of another company. 

FLeld, on motion for preliminary injunction by the city and 
company whose tracks were to be used. 

1. The plans filed were to be taken as construing and 
limiting the licence of the city. 

2. The company defendant could not construct new tracks 
on 7th street. 

3. The company could not ‘‘straddle” anothers track with¬ 
out due compensation. 

City of Philadelphia v. Continental P. Ry. Co., Union P. Ry. 
Co. v. Continental P. Ry. Co. (C. P. 4), 2 W. N. C. 283, per 
Thayer, fP. J. 

Mandamus. —17. The chief commissioner of highways can 
not refuse to grant licenses to omnibus and coach companies 
because the city passenger railway companies using the same 
street have been compelled by their charters to purchase the 
stock of former omnibus companies. 

ommonwecdth v. Baldwin , (C. P. 1.), 9 W. 27. 0. 233, per 
Allison, P. J. (Affirmed by Supreme Court). 


355 


Digest of Cases. 

18. Where the charter of a passenger railway company 
gives a clear right to lay tracks upon a street of the city, the 
Hoard ot Surveys is bound to furnish a plan and may be 
compelled so to do by mandamus. 

Commonwealth, ex rel. Phila. and Grafs Ferry Ry. Co. v. 
Smedley (C. P. 1), 14 W. N. C. 402, per Allison, P. .J. 

CITY OFFICERS (see City 15,16, 17 , 18). 

CITY SURVEYOR (see City 15, 16, 18. Franchises 1. 
Streets). 

Cl TIZENS (see City 13. Equity 3, 6, 7, 8. Franchises 1,2. 
Streets 6). 

COMMISSION (see Building Commission 1. City If Equi¬ 
ty 10) 

COMMISSIONER OF HIGH WAYS (see Chief Commissioner 
of Highways). 

COMPETING LINES (see Constitutional Law 8). 
CONDUCTOR (see Evidence 1. Negligence). 

CONNECTING LINES (see Constitutional Law 2, 5. Pow¬ 
ers 1). 

CONSENT (see City). 

CONSOLIDATION. 

1. Act of Feb. 16, 1849, Sec. 19 does not apply to passen¬ 
ger railways whose charters do not limit the time. 

The Act of May 16, 1861, authorizing the consolidation of 
railroads does not apply to passenger railways. 

City of Phila. v. 13th $ 15th. Sts. P. Ry. Co., 8 Phila. 648 
(C P.), per Allison, P. J. (But see). 

2. The word “Railroads” in the Act of May 16, 1861, 
authorizing the merger and consolidation of companies, 
applies to city passenger railways. 

Hestonville M. $ F. P. Ry. Co. v. City., 8 Norris, 210, per 
Trunkey, J. 

CONSTITUTIONAL LAW (see Streets 3 Taxes f). 

1. To create, renew or extend a charter within the mean¬ 
ing of Sec. 25, Art. i, of the former Penna. Constitution 
means to make a charter which never existed, to revive an 
old one which has expired or to increase the.time for theex_ 


356 


Digest of Cases. 

istence of one which would otherwise reach its limit at any 
earlier period. 

Cleveland, PainesviUe $ Ashtabula Railroad Co. v. City of 
Erie , 3 Casey, 380, per Black, C J. 

2. A law authorizing removal of railroad is not unconsti¬ 
tutional because another road has received the privilege of 
connecting therewith. 

Southwark Railroad Co. v. Philadelphia , 11 Wright 314, 
per Agnew, J. 

Titles of Acts. —3, A supplement to a charter held uncon¬ 
stitutional because the subject of the Act was not clearly ex¬ 
pressed in the title. 

West Phi la. P. Ry. Co. v. Union P. Ry. Co., 29 Leg. Int. 
196—380, per Agnew, J. 

4. The Act of April 8, 1864, entitled “ a further supple¬ 
ment to an Act to incorporate the Union Passenger Railway 
Company, etc.,” does not sin against the constitutional pro¬ 
hibitions against duplicity of subject and vagueness of title. 

Maris v. Union P. Ry. Co. (C. P.), 10 Phila. 41, per Alli¬ 
son, P. J. 

5. The act of March 13, 1872, “authorizing the said com¬ 
pany” (the Union Passenger Railway Company) ‘ to declare 
dividends quarterly and to lay additional tracks of railway,” 
gave inter alia to the company the right to lay a double track 
on Market street. 

Held ., 1. That the act sins against the provisions of the 
Constitution requiring clearness of title and singleness of 
subject in the Acts of Assembly, and 2, that the Act gave 
no right to lay connecting tracks on Front or Ninth streets. 
Injunction granted. 

West Phila. P. Ry. Co. v. Union P. Ry. Co., (C. P.), 9 
Phila. 495, per Allison, J. (Peirce and Paxson,J. J. dis¬ 
senting). 

Legislature. —6. The adjournment of the House of Repre¬ 
sentatives for more than three days without the concurrence 
of the Senate does not ipso facto cause a dissolution of the 
Legislature. Ibid. 

Eminent Domain. —-7. An express grant to one passenger 
railroad to cross and recross another without necessity to justify 
it, is an infringement of the corporate franchises of the latter 
which the Legislature has no right to grant. 

Market Street P. Ry. Co. v. Union P. Ry. Co. (C. P.), 10 


357 Digest of Cases 

Phila. 43, per Allison, P. J. (Dissenting, Peirce and Pax. 
SON, J. J.) 

^ Competing Roads. —8. Article XVII. of the Pennsylvania 
Constitution which forbids the leasing and operating of par¬ 
allel or competing lines of railroads, does not apply to pas¬ 
senger railways. 

Shipley v. Continental P. Ry. ( o., (C. P. 3), 13 Phila. 128, 
per Ludlow, P. J. 

CONTRACT ( see Constitutional Law 2, 7. Omnibus Lines. 
Passengers. Powers 9. Sales). 

CONTRIBUTORY NEGLIGENCE (see Negligence). 

CONSTRUCTION (time of beginning road, see Charter 5, 6; 
of Charter see Charter). 

CORPORATION ( see Charter. Constitutional Law. Officers, 
Organization. Stock). 

COUNCILS (see City. Streets). 

COURTS (see District Courts). 

CROSSINGS (see Constitutional Law 7. Powers 5 , 7. Rail¬ 
roads 2). 

DAMAGES. 

1 The remedy for an excessive award of damages (under 
Act of Feb. 19, 1849) is by appeal not by exception—Prac¬ 
tice under the Act. 

Roberts v. Central P. Ry. Co. (C. P.), 1 Brewst. 538, per 
Brewster, J. 

2. The Rule for damages by corporations and natural per¬ 
sons is the same. 

Damages may compensate not only for the injuries sus¬ 
tained, but also for such as will reasonably arise therefrom in 
the future, as well as for the pain and suffering caused. 

Pittsburgh, Allegheny f Manchester P. Ry. Co. v. Donahue, 
20 P. F. Smith 119, per Thompson, C. J. 

Damages. —3. In an action for damages through the de¬ 
fendant’s negligence nothing will be allowed for purely spec¬ 
ulative or possible consequences of the injury; but only com¬ 
pensation for what has actually been suffered and for that 
which there is just ground for believing will result. 


358 


Digest of Cases. 

Jewell v. Union P. By. Co. (C. P. 4.), 40 Leg. Int. 36, per 
Fell, J. 

DIRECTORS (see Officers). 

DISSOLUTION (see Powers 4). 

DISTRICT COURTS. 

1. The powers conferred on the District Courts by a Pas¬ 
senger Railway Company’s Charter are now vested in the 
Courts of Common Pleas. 

City v. Continental P. By. Co. (C. P. 4.), 2 W. N. C. 283> 
per Thayer, J. Union P. By. Co’s Appeal, 2 Penny, 434. 

DIVIDENDS (see Interest 1. Taxes 1 , 3, 3, 5). 

DRIVERS (see Evidence 1, J Negligence). 

DUTIES (see City. Passengers. Negligence. Streets, etc.) 

EMINENT DOMAIN (see Charter 7. Constitutional Law 7. 
Equity 6 , 7. Franchises. Powers. Streets 3). 

EMPLOYEES (see Negligence). 

EQUITY (see City 9. 13,14. Streets 6. 8). 

1. Supreme Court sitting in Philadelphia will not hear a 
motion for an interlocutory injunction unless the judge at 
Nisi Prius requests the other judges to sit with him. 

Bailroad Company v. Green £ Coates St. P. By. Co ., 9 Casey 
82, per Curiam. 

2. A condition of a railway charter that the consent of the 
city shall be obtained before constructing the road will be 
enforced in equity by injunction. 

City of Philadelphia v. Lombard f South St. P. By. Co ., 5, 
Phila. 248, (Nisi Prius), per Woodward, J. City v. 
Lombard South St. P. By. Co., 4 Brewster 14, per Strong, J. 

Parties. —3. City of Phila. is a competent party to a bill to 
restrain an illegal use of a public highway by an attempt to 
lay a passenger railway track thereon. 

Property holders alleging private injury on the line of such 
railw r ay are also competent. 

City of Philadelphia v. Ihirteenth f Fifteenth P. By. Co , 

(C. P.), 8 Phila. 648, per Allison, P. J. 

4. Where the Court has the opinion of the proper city 


359 


Digest of Cases. 

officers that heavy weights can be drawn over the streets 
without danger and the route is one which interferes least 
with the public, an injunction forbidding such use of the 
streets will not be continued, at the instance of a passenger 
railway company. Quere , whether defendant has a right to 
use streets for such purpose. 

Second and Third, Sts. P. By. Co. v. Morris , et al. (C. P.), 
8 Phila. 304, per Peirce, J. 

5. Injunction was prayed for to restrain defendants 
from hauling two large boilers down the street occupied 
by the tracks of the street car line of the complainants 
to the interruption of their business, and the damage of 
the highway which they were bound to keep in repair. 
Injunction refused Ibid. 

6. Complaint of private persons is not sufficient ground for 
a Court of equity to grant an injunction to restrain a railway 
company from laying rails in the streets of the city. 

Peterson, et at. v. Navy Yard , Broad Street and Fairmount 
P. By. Co , 5 Phila. 199, per Thompson, P. J., but see 
qualification of rights of private persons in Faust , et al. v. 
Passenger By. Co., 3 Phila 164, per Strong, J. 

7. The public sovereignty over the streets of a city is so 
supreme, that equity will not interfere to prevent the use of 
a street by a corporation duly chartered for that purpose, no 
matter what hardship may be imposed on the citizens own¬ 
ing or occupying property thereon. 

Maris v. Union P. By. Co. (C. P.), 10 Phila. 41, per Alli¬ 
son, P. J. 

8. A private corporation has no standing in a Court of 
Equity to obtain an injunction against another corporation 
for laying down tracks on a public street when its own 
franchises are not thereby impaired. 

Phila. $ Gray's Ferry P. By. Co's Appeal , 6 Outer. 123, 
per Paxson, J. (Mercur C. J., and Sterrett, J., dissenting). 

9. “ A private citizen may prevent the construction of a 
street railway provided he can show first, special damage to 
himself, and secondly, that the railway company has no au¬ 
thority to construct the proposed objectionable road.” 

Shijply v. Continental By. Co. (C. P. 3), 13 Phila. 128, per 
Ludlow, P. J. 

Injunctions. —10. As to injunctions against erection of pub¬ 
lic works under Act of 8 April, 1846 (P. L. page 272) see 


3(0 


Digest of Cases. 

West .Philadelphia P. Ry. Co. v. Public Buildings Commis¬ 
sioners of Philadelphia (C. P.), 30 Leg. Int>. 100, per Allison, 

P. J. 

This judgment was reversed oil appeal to Supreme Court, 
it holding that the case was within the provisions of the 
above Act. (See 4 Brewster 173). 

11. An injunction will not lie to restrain public works 
which interfere with the business of a passenger railway if 
an ample remedy in damages can be obtained by statutory 
proceedings, but when the public works render the fran¬ 
chises of the company worthless, an injunction will be 
granted. 

Ridge Ave. P. Ry . Co. v. City (C. P.), 10 Phila. 37, per 
Allison, P. J. 

Nuisance. —12. Laying rails on street is not a nuisance. 
Peterson et al v. Navy Yard , Broad St $ Fairmount P. 
Ry. (C. P.), 5 Phila. 199, per Thompson, P. J. 

13. The occupation of a street, even temporarily, by a pas¬ 
senger railway is a nuisance per se which Equitv will re¬ 
strain. 

Attorney General v. Lombard $ South Sts. P. Ry. Co. (C. P.) 
10 Phila. 352, per Allison, P. J. 

ERRORS and APPEALS (see Practice 3. Jf). 

ESTOPPEL (see Officers). 

EVIDENCE (see Negligence). 

1. The rules of the company for conductors and drivers 
may be given in evidence in negligence cases. 

Pittsburgh , Allegheny £ Manchester P. Ry Co. v. Caldwell 
24 P. F. Smith 421, per Williams, J. 

2. In an action by a father against a railway companv for 
damages for the death of his son, the declaration of the son 
immediately after the happening of the accident that he had 
jumped from the car was admissible: First , as a declaration 
against interest by one in privity with the plaintiff; second , as 
part of the res gestae. 

Stein v Railway Co. (C. P. 4), ! 0 Phila. 440, per Elcock, J. 

3 A servant under the employ of a passenger railway 
company was kicked while grooming a horse. “ Held , that 
evidence to show that the company knew of the vicious 
character of the animal is admissible. 


361 


Digest of Oases. 

Green £ Coates Sts. P. Rg. Co. v. Bresme.r , 1 Outer. 103, 
per Mercur, J. 

4. Tn an action tor damages for running over a child, who 
suddenly attempted to cross a track in front of a car, evi¬ 
dence ot the number ot hours per day drivers and conductors 
are compelled to work is inadmissible, being a mere argu¬ 
ment as to what their physical condition may or may not be 

Philadelphia City P. Rg. Co. v. Henrice, II Norris 431, per 
Paxson, J. 

FACT ( see . Negligence). 

FOOTWAY {see Streets). 

FORFEITURE {see Charters 5, 6. Franchises. Non-TJser. 
Organization. Powers. Stock). 

FRANCHISES (see Charters. Constitutional Daw. Non-User. 
Powers). 

1. When a passenger railway once locates its tracks, it has 
exhausted its franchise and cannot subsequently locate an 
additional track along the same street, although the Board 
of Survey have approved such new location. 

The Act of 19 June, 1671 § 1 (P. L. 1361) fixes the sta¬ 
tus of complainant and permits the Courts to inquire into 
the existence of franchises 

Wirth et. al. v. Phila. City P. Rg. (C. P. 1 ), 2 W. N. C. 
650. 

2. Motion for special injunction of citizens to restrain a 
company from laying tracks on Eighteenth St. on the ground 
that under Art. XVI. §1 of the Constitution of 1874, the 
charter of the company was forfeited, because no bona fide or¬ 
ganization had taken place prior to the adoption of the Con¬ 
stitution; and that the laying of the tracks was a nuisance. 

Injunction refused because the question of forfeiture could 
onlv be determined by quo warranto , nor was the case altered 
by the Act of June 19, 1871 • (P. L. 1361). 

Lejce v. < ondnental P Ry. Co. (C. P. 1.), 2 W. N. C. 170, 
per Allison, P. J. 

FRAUD {see Officers 1, 2, 3 , J, 5). 

GRADE {see City 7. Streets 10). 

GRANT {see Charters. Powers). 

HACK STANDS {see City 11). 


362 


Digest of Gases. 

HIGHWAYS (see Streets). 

HORSES ( see Taxes 6, 8). 

INDICTMENT (see Equity. Nuisance. Sunday 1). 
INFANT (see Negligence). 

INHABITANT (see Citizens). 

INJUNCTION (see City. Equity. Powers. Streets). 
INTEREST (see Taxes 2). 

1. Where by a mutual mistake between payer and recei¬ 
ver, the whole sum has not been paid, or too much has been 
received, interest is not recoverable on the sum so withheld 
or received, unless it has been done unjustly. 

After demand and refusal to pay such sum, interest is pay¬ 
able from the demand; if there were concealment or design 
to mislead and withhold interest; interest would be recover¬ 
able for all the time. 

In receiving tax on dividends from a railway company, the 
city authorities as well as the company treated the author¬ 
ized capital as the basis of calculation, this having occurred 
by mutual mistake Held , that the companv was not liable 
for interest on amount underpaid until demand. 

Second f Third Sts. P. By. Co. v. Philadelphia , 1 P. F. 
Smith 465, per Thompson, J. 

JUDGMENT (see Practice 1 , 2). 

JURY (see Negligence). 

LAW (see Negligence). 

LEASE (see Constitutional Laic 8. Officers 6). 
LEGISLATURE ( see Constitutional Law 6). 

LIABILITIES (see City. Negligence. Streets 16). 
LICENSE TAX (see Taxes J). 

LIMITATIONS. 

1. Action on the case by a minor for injuries. Demurrer to 
Narr because it appeared that the suit was brought more 
than 6 months after the cause of action accrued. 

emurrer over-ruled because the Act of April 4, 1868, 
limiting right of action to 6 months, was subject to the 




363 


Digest of Cases. 


same proviso as to persons under disabilities as the general 
statutes of limitation. 

McCarty v. HestonviUe , Mantua Sr Fair mount R. R. Co. 
(C. P. 1), 1 W. N. C. 312, per Biddle, J. 


2. The Act of April 4,1868, limiting the amount of dama¬ 
ges for personal injury to be recovered to $3000 is unconstitu¬ 
tional Actual damages for injuries sustained to any amount 
mav be recovered. R R. Co. v. Cook, 1 W. N. C. 319 
followed. 


Thirteenth and Fifteenth Sts. P. Ry. Co. v. Boudrou. 11 
Norris 475, per Trunkey, J. 

MANDAMUS (see City 17 , 18). 

MARRIED WOMAN (see NegUgence 38). 

MASTER AND SERVANT (see Evidence 3. Negligence 1, 

.34,35). 

MECHANICS’ LIEN. 

1 A stable built and occupied by passenger railway com¬ 
pany is liable to mechanics’ lien. 

Mcllvain v. HestonviUe , Mantua f Fair mount P. Ry. Co. 
(D. C ), 5 Phila 13, per Hare, J. 

MERGER (see Consolidation). 

MINORS (see Negligence). 

MORTGAGE (see Bonds). 


MUNICIPAL CORPORATION (see City. Equity. Streets). 


MUNICIPA L OFFICERS (see City. Streets). 


MUNICIPAL COMMISSION (see Building Commission 1. 
City , If). 

NEGLIGENCE 

1. A boy riding on a street car was wantonly struck by 
the driver, thrown off the car and injured. 

Held , that the company were liable for negligently 
driving over him, but not for the blow struck by the driver. 

A blow may be given by a conductor or driver when by 
resistance to proper authority it becomes necessary. 

Pittsburg , Alleg. and Manchester P Ry. Co. v. Donahue , 
20 P. F. Smith 119, per Thompson, C. J. 


364 


Digest of Cases. 

2. In an action brought by the owner of a carriage for 
injuries caused by a collision with a street car. 

Held , that the question of the negligence of the respective 
drivers of the carriage and the car should be submitted to 
the jury. 

Girard, College P. By. Co. v. Middleton , 3 W. N. C. 486, 
per Curiam. 

3. Negligence must be proved and is not presumed. Plain¬ 
tiff suing for death of minor son found injured on defen¬ 
dant’s track non-suited because unable to prove that deceased 
was a passenger on defendant’s car, or that the company had 
been guilty of negligence 

Dougherty v. Fr nilford and Southwark By. Co. (C. P. 4), 
5 W. N\ C. 14,per Thayer, P. J 

4. Evidence that a street car by which plaintiff's husband 
was run over and killed at a public crossing, was being 
driven at more than ordinary rate of speed, and that the 
driver did not see the deceased until the car had passed over 
his body, is sufficient to take the question of negligence to 
the jury. 

West Phila. P. By. Bo. v. Midhair. 6 W. N. C. 508, per 
Curiam (See 5 W. N. C. 190). 

5. The plaintiff, a boy of twelve years, tried to get upon the 
defendant’s dummy engine train while in motion and was 
injured. He testified that a person employed occasionally 
as brakeman had, on a former occasion, invited him to get 
upon the cars while in motion. Held , no evidence of negli¬ 
gence on the part of defendants. 

Coder v. Frankford f Southwark P. By. Co. (C. P. 4), 9 
W. N. C. 477, per Elcock, J. 

6. A. passenger on a street car was killed by a collision of 
the street car with a train upon a steam railroad; in a suit 
by his representatives against the steam railroad company, 
it appeared that the driver of the street car attempted to 
cross the railroad track under dangerous circumstances. 

Held , that the negligence of the company carrying the de¬ 
ceased, debarred the plaintiff from recovering. 

Philadelphia &- Beading B. B. v Bouer, 9 W. N. C. 497, 
per Gordon, J. 

7. The plaintiff, a woman, being obliged to stand in a 
crowded ca>', was thrown down and injured by a sudden jolt 
caused by starting the car (the horses of which had baulked) 
with a team of eight mules. 


365 


Digest of Cases. 

Held, under the peculiar circumstances the question of neg¬ 
ligence by the defendants was for the jury, although as a 
rule they would not be liable for injuries caused by starting 
cars. 

Continental P. Rg. Co. v. Swain. 13 W. N. C., 41, per 
Curiam. 

<S. Where injury resulted to the plaintiff directly by the 
act of a third party it is not sufficient to show that the plain¬ 
tiff* was not guilty of contributory negligence but the negli¬ 
gence of the defendant must be affirmatively shown. 

Federal St. § P.V. P. Rg. Co. v.. Gibson, 15 Norris 83, per 
Mercur, J. 

9. The plaintiff*, while riding in a street car had his arm 
pushed from the window and injured by another colliding 
car, the space at the point of the accident being insufficient 
to permit two cars to pass each other. 

Held , in an action against the company in whose car he 
was not riding that it was rightly left to the jury to deter¬ 
mine which of the two cars was at fault. 

Lauderbuck v. Peoples P. Rg. Co., 40 Leg Int. 271, per 
Elcock, J. 

10. The standard of the duty of defendants in cases of 
negligence is a shifting one, and for the jury and is not to 
be determined according to a fixed rule by the Court. 

Philadelphia Citg P. Ry. Co. v. Henrice, 11 Norris 431. per 
Paxson, J. 

11. A boy aged seven years jumped upon the front plat¬ 
form of a street car and remained there a very short space of 
time while the driver’s attention was engaged elsew. ere. 
When the driver’s attention was directed to the boy, he had 
jumped off* and was killed. Held, that the action of the 
driver did not amount to negligence. 

Hestonville M. £ F. Ry. Co. v. Kelley, 6 Outer. 115, per 
GrREEN, J. 

Contributory Negligence. —12. Persons when walking on a 
track must keep look out for cars and must turn off* to allow 
car to pass. If injury occur to a plaintiff* under neglect of 
precaution, it is his own loss. This is a case of Parades, etc. 

Iatho v. Green and Coates P. Ry (I). C.), 4 Phila. 24, per 
Stroud, J. 

13. What is negligence is generally for the jury, when the 


366 


Digest of Cases. 

court declares as law what is or is not negligence is the ex 
ception. Plaintiff, aged 10, got upon a car with two 
younger children ; seeing the latter had got Off without his 
knowledge, he ran first to the rear platform and finding it 
crowded, went to the front platform and asked the driver to 
stop. The latter slacked up, but did not stop, and the plain¬ 
tiff jumped off and was injured. 

Held, that, the questions of defendant’s negligence and 
plaintiff’s concurrent negligence, were both for the jury. 

Philadelphia City P. Ry. Co. v. Hassard, 25 P. F. Smith 
367, per Williams, J. 

14. Where the Court is convinced that the testimony of 
the plaintiff establishes the fact of his contributory negli¬ 
gence, this is a case for non-suit, and should not be left to 
the jury. 

Smith v. Hestonville F. P. Ry. to, 11 Norris 450, per 
Trunkey, J. 

15. The plaintiff was injured while taking off from the 
front platform of a street car, a bundle, which by instructions 
of the conductor, he had placed there. 

Held, that he was not justified in doing that which was 
per se negligent or in violating the regulations of the com¬ 
pany of which he had actual or constructive notice, 

Reilly v. Green $ Coates Sts. P. Ry. Co. (C. P. 1) 4 W. N. 
C. 273, per Allison, J. 

16. A boy of sixteen years is chargeable with contributory 
negligence in jumping off' the front platform of a street car 
in motion. 

Colgan v. West Phila. P. Ry. Co., (C. P. 1), 4 W. N. C. 400, 
per Biddle, J. 

17. It is contributory negligence foran adult to jump from 
a street car while it is in motion. 

Hagan v. Phila. $ Grafs Ferry Ry. Co. (C. P. 4), 10 W. 
N. C. 360, per Thayer, P. J. 

18. The plaintiff, a woman riding on a street car, was 
forced to stand owing to its crowded condition, and was 
thrown down and injured by a sudden jolt. Held, that it was 
properly left to the jury to determine whether the pompany 
was guilty of negligence, and whether the plaintiff’s negli¬ 
gence contributed to the accident, through her omission to 
hold on by the straps provided for that purpose. 

West Phila. P. Ry. v. Whipple. 5 W. N. C. 68, per 
Curiam. (See 2 W. N. C. 559). 


367 


Digest of Cases: 


19. “The test for contributory negligence is found in the 
affirmation of the question does that negligence contribute in 
any degree to the production of the injury complained of.” 
The fact that the defendant was in a place or position which 
caution would not have indicated and that if he had not been 
in such a place or position the accident would not have hap¬ 
pened cannot of itself be construed as contributory negligence. 
Riding on the rear platform of a crowded street car is not 
per se contributory negligence. 

Thirteenth Fifteenth Sts. P. By. Co. v. Boudrou , 11 Nor¬ 
ris 475, per Trunkey, J. 

20. Riding upon the step of the front platform of a crowded 
street car, and not otherwise neglecting ordinary and reason¬ 
able care is not contributory negligence. 

Germantown P. By. Co. v. Walling , 1 Outer. 55, per Trunk¬ 
ey, J. (See 12 Phila. 309.) 


21. When the measure of duty on the part of the plaintiff 
in a question of contributory negligence is ordinary and rea¬ 
sonable care and the standard of duty shifts with the circum¬ 
stances of the case, the question should be left to the jury. 

As a rule the question of contributory negligence on the 
part of a passenger riding on the platform of a street car 
and not grossly neglectful of his safety is one for the jury. 
Ibid. 

22. When a person sits in a street car with lps arm resting 
upon the window, and by a sudden collision his arm is thrown 
out and broken, the question of his contributory negligence 
in occupying such a position is for the jury. 

Germantown P. By. Co ., v. Brophy , 14, W. N. C., 213, per 
Mercur, C. J. 


Infants. —23. An Infant of tender years may recover for 
an injury partly caused by his own imprudent act, but big 
father cannot recover. 

Classey v. Hestonville , Mantua cf* Fairmount P. By. Co., 7 
P. F. Smith 172, per Strong, J. 

24. Plaintiff a child of five, got on the front platform of a 
streetcar, and the driver permitted him to remain. In attempt¬ 
ing to get oft' while the car was in motion, against the remon¬ 
strance of the driver, the plaintiff was injured. 

Held, Negligence to allow children so young to ride on the 
platform, and contributory negligence could not be imputed 
to the plaintiff. 


368 


Digest of Cases. 

Pittsburg , Allegheny Manchester P. Ry. Co. v. Caldwell , 

24 P. F. Smith 421, per Williams, J. 

25. The plaintiff, a boy of nine years, having got upon the 
front platform of a street car, was soon after compelled by 
the driver to get off while the car was in motion, although 
he requested the driver to stop. In a suit for the injuries 
caused thereby, 

Held , that the questions of the defendant’s negligence and 
the plaintiff’s contributory negligence were properly left to 
the jury. 

Hestonville M. $ F. P. Ry. Co. v. Gray , 3 W. N. C. 421, per 
Curiam. 

26. The plaintiff, aged thirteen, jumped on the front plat¬ 
form of a street car without objection from the driver and 
paid his fare. Upon his getting off the driver slacked up but 
did not stop and plaintiff was injured. 

Held, , sufficient evidence of negligence to go to the jury; 
and the plaintiff, being a child and not held to the same de¬ 
gree of care as ah adult, the question of his contributory 
negligence was also for the jury. 

Crissey v. Hestonville , Mantua $ Fairmount Ry. 25 P. F, 
Smith 83, per Mercur, J. 

27. The plaintiff, a child of sixteen months, being left by 
its mother on the floor of her shop, wandered out without 
her knowledge while she was attending to a customer and 
was run over by defendant’s car. It appeared that the driver 
of the car did not see the child, although motioned to by a 
person upon the street, until it was too late. 

Held , that the defendant’s negligence was a question for 
the jury. 

Phila. City P. Ry. Co. v. Henrice , 11 Norris 431, per Pax- 
son, J. 

28. Plaintiff, a child of six years and nine months, in at¬ 
tempting to climb upon the forward platform of a car, slipped? 
fell and was injured. The car was a one-horse reversible car, 
having both platforms unenclosed, as is customary with such 
vehicles, and was in charge of one person who acts as conduc¬ 
tor and driver. The car was going slowly, and the driver 
was at the time of the accident engaged upon the rear plat¬ 
form. 

Held, , that the want of a fender on the front platform and 
the fact that the driver was in the car at the time and not 


369 


Digest of Cases. 


on the front platform, was prima facie, not negligence, and 
that the injury was the result of the child’s unexpected act 
which the conductor could not have foreseen or guarded 
against, and even though negligence was not imputable to 
so young a child, the fact that he was permitted to run at large 
justifies tho presumption that he has discretion enough to 
avoid ordinary danger, and persons having business on the 
street may reasonably conclude that they are not to provide 
against possible injury to such child from his own wilful tres¬ 
pass 

Hestonville , M. $ F. P. Ry. Co. v. Connell , 7 Norris 520, 
per GrORDON, J. 

29. A child, six years and six months old, cannot be 
charged with contributory negligence. The plaintiff, a child 
of six, in attempting to run across the street in front of a 
street car, was run over and injured. 

Held , that evidence that the driver was intoxicated, that 
he was driving at a rapid rate, and was looking sideways 
and talking to a man on the platform, was admissible to 
charge the defendants with negligence. 

Lombard $ South Sts P. Ry. Co. v. Steinliart , 2 Penny. 
358, per Curiam. 

Parents. —30. The parents of a child 18 months old per¬ 
mitted it to escape from the house into the street where it 
was run over by a street car and killed. 

Held in an action by the parents against the company, that 
under the circumstances of the case, the question of contrib- 
utorv negligence by the parents was for the jury. 

Pittsburg, Alleg. $ Manchester P. Ry. Co. v. Pearson , 22 P. 
F. Smith 169, per Sharswood, J. 

31. To permit a child to engage in a dangerous employ¬ 
ment is contributory negligence, on the part of the parent. 

Smith v. Hestonville , M. $F. P. Ry. Co., 11 Norris 450, per 
Trunkey, J. 

32. The plaintiff permitted her son, aged seven, to carry 
water to drink to the drivers of a passenger railway line who 
gave him pennies, and allowed him to come upon the plat¬ 
forms of the cars. While getting off, on one occasion, while 
the car was in motion, the boy was run over and killed. 

H id , that plaintiff was precluded from recovering for the 
death of her son by her negligence in permitting him to en¬ 
gage in such a hazardous occupation. Ibid. 

^ Married Woman.— 33. Plaintiff, a married woman, was in- 


370 


Digest of Cases. 

jured upon alighting after dark from one of the defendant’s 
cars, by a misplaced iron plate covering a deep gutter which 
crossed the street at the place where plaintiff was landed 
from the car. 

Held , that the defendants being required by their charter 
to keep the streets in good repair were liable. 

Held , also that plaintiff being a married woman w T as not 
estopped by a release delivered by her to the defendants. 

Mayberry v. Railway Co. (C. P.4), 9 W. £7. C. 404, per El- 
cock,’ J. 

Master and Servant .—34. The plaintiff, a hostler for defen¬ 
dants, was injured by a kicking horse. Plaintiff's testimony 
showed that he knew of the horse’s propensity, and was ac¬ 
customed to tie up its leg when grooming it, but omitted to 
do so on the occasion when he was injured. Notice to the 
defendants of the animal’s habit was proved. 

Held , that the question of negligence on the part of defen¬ 
dants, and contributory negligence on the part of plaintiff 
were for the jury on the authority of Patterson v. R. R., 26 P. 
F. Smith 390. 

Bresmerv. Green § Coates Sts. P. Ry. Co. (C. P. 1), 8 W. N. 
C. 11. (See next case). 

35. A servant in the employ of a passenger railway com¬ 
pany was kicked while grooming a horse which he knew to 
be vicious. 

Held , that the company was not liable under their implied 
contract to suppty means so that their servants could per¬ 
form their duties without exposure to dangers not within the 
reasonable scope of their employment. 

Green $ Coates Sts. P. Ry. Co. v. Bresmer , 1 Outer. 103, 
per Mercur, J. 

NEW TRIAL ( see Practice 1). 

NON-USER (see Franchises ), 

1. A grant in the charter of a Passenger Railway Com¬ 
pany of an optional circuit over another road not having been 
exercised for eleven years is such proof of abandonment of 
the franchise as will defeat the right as against other com¬ 
panies. 

Girard College P. R. Co. v. Thirteenth $ Fifteenth Sts. P. 
Ry. Co. 7 Phila. 620, per Thompson, C. J. at Nisi Prius. 
Th is, however, was reversed on appeal, the Chief Justice 
assenting. 


371 


Digest of Cases. 

2. Right ot company to use, by “straddling” or otherwise, 
streets already occupied by the tracks of another company, 
discussed. 

Effect of non-user. 

Peoples' P. By. Co.'s Appeal, 1 W. Ni C. 467; (No opinion.) 

3. A passenger railway company having by its charter the 
power to lay double tracks on certain streets did not lay the 
second track until seven years after incorporation. Held, 
“That there is no law in this State which requires a railroad 
corporation to exercise all the powers contained in its grant 
in the beginning or which declares that the powers not then 
exercised are lost.” 

Peoples’ P. It. Co. v. Baldwin, (C. P. 4.), 14 Phila. 231, 
per Thayer, P. J. 

4. The fact that a Passenger Railway Company has elected 
to run its cars in a certain direction, and has waited eleven 
years after incorporation before laying a branch track, will 
not be consideied an abandonment by non-user oi its original 
rights, at the suit of another company. 

Union P. By. Co’s Appeal, 2 Penny. 434, per Curiam. 

5. A railway company laid down double tracks on a street 
as authorized by charter and used them for seven years It 
then tore up the double tracks and laid a single one which it 
used for the next ten years. 

Held, that this company had not lost the franchise to use 
double tracks by non-user. 

Hestonville, M $ F. P. By. Co. v. City, 8 Norris 210, per 
Trunkey, J. 

6. A railway company was empowered by its charter to 
lay tracks on a certain street and in order to avoid an ob¬ 
struction in the said street to “use such portions of adjacent 
streets as may be necessary.” The company accordingly 
laid its tracks on and continued for several years to use a por¬ 
tion of an adjacent street. Held , that this was not such an 
election as precluded it from using the first mentioned street 
when the obstruction was removed. 

Philo. £ Gray’s Ferry P. By. Co’s Appeal, 6 Outer. 123, 
per Paxson, J. 

NUISANCE (see Equity 12, 13. Sunday). 

NUMBERS ON CARS (see City 3). * 


372 


Digest of Cases. 

OBSTRUCTION ( see Streets 7 , 9). 

OFFICERS. 

J. Officers of a corporation have authority to issue promis¬ 
sory notes, which are not required to be under seal; and a 
note fraudulently signed and issued by the president of a cor¬ 
poration will bind it in the hands of a holder for value with¬ 
out notice. 

Mechanics' National Bank v. West Philadelphia P. Ry. Co ., 
(C. P. L), 5 W. N, C. 290, per Allison, P. J. 

2. Liability of company for value of stock fraudulently 
over-issued by the president and other officers, discussed. 

Willis v. Philadelphia $ Darby R. R. (C. P. 2), 6WJ. C. 
461. Wright's Appeal 12 W. N. C. 225. Mount Holly Paper 
Co's. Appeal 12 W. N. C. 228. 

3. A person through whose negligence a certificate of stock 
has passed to a holder for value will be estopped from deny¬ 
ing its validity. 

Where the president of a railway company fraudulently is 
sued false certificates of stock properly signed and sealed 

Heldfh&t bona fide purchasers thereof were entitled to recover 
against the company, and the measure of damages would be 
the market value of the stock at the time of demand for 
transfer, or in the absence of such demand, at the time of filing 
bill. 

Willis v. Phila. f Darby R. R. Co. (C. P. 2), 6 W. N. C. 

461, per Hark, P. J. 

4. A stockholder of a passenger railway company was in¬ 
duced by the president of the company to give him her cer¬ 
tificates of stock, upon the false representations that they 
were needed to raise a loan for the corporation. The Presi¬ 
dent embezzled the stock, and returned to the stockholder, 
fradulent, over-issued stock. 

Held, , that the president was to be regarded as the stock¬ 
holders agent, and the company was not liable for the value 
of the stock fraudulently issued. 

Wright's Apj)e<d , 12 W. N. C. 225, per Paxson, J. 

5. A judgment note was given for money fraudulently ab¬ 
stracted from the treasury of a passenger railway company. 
Evidence was presented to show that payments had been 
made by the judgment debtor to officers of the company. 
Held, , that unless it could be shown that these payments had 
reached the treasury of the company, no credit could be 
claimed for them 


373 Digest of Cases. 

W'*f Phili. P. Ry. Co. v. Nag 7 e (HP. 1), 12 Phila. 228, 
per Biddle, J. 

6. A major! tv of the board of directors of a passenger 
railway company though representing a majority of the 
stock of the corporation, unless especially empowered so to 
do by their charter, can not lawfully lease their road with¬ 
out first submitting the question to the stockholders at a 
meeting legally called 

Martin v. Continental P. Ry. Co., et al (C. P. 1), 14 Phila., 
10, per Piddle, J. 

OMNIBUS LINE. 

1. Effect of condition in charter requiring a passenger 
railway company to purchase existing omnibus lines, ap¬ 
praisement thereunder and statute of limitations,as applicable 
thereto, discussed; assessment by appraisers held to be an 
award. 

Green $ Coates Sts. P. Ry. Co. v. Moore. 14 P. F. Smith 
79, per Agnew, J. and Sharswood, J. 

ORDINANCES ( see City 7, 3 , 8 , 9, 10, 11. 13, Railroad 3). 
ORGANIZATION (see Stock). 

1. Irregularities in organization are not necessarily fatal 
to the being of the corporation; organization is but the crea¬ 
tion of an agency by which the corporation can act and 
pre-supposes its existence 

The directions in regard to organization are not conditions 
of its being; not following them will at most work a for¬ 
feiture and enable the Commonwealth to re-take the fran¬ 
chises; it cannot entitle her to judgment that the franchises 
do not exist 

By Act of April 8, 1861, all Acts subsequent to organiza¬ 
tion are to be done by the Company and not by the agents 
for organization. Quo Warranto. 

Commonwealth v. Centred P. Ry. Co., 2 P. F. Smith 506, 
per Strong, J. 

OYER-ISSUE OF STOCK (see Officers). 

PARADES (see Negligence 13). 

PARENTS (see Negligence 30, 31, 83 r 
PARK COMMISSION (see City U). 

PARTIES (see City 13, U. D/aity 3, 6, 7, 8, 9. Pr.in- 
chises 1,3. Streets 6). 


374 


Digest of Cases. 

PASSENGERS ( see Negligence 6). 

1. The implied contract of a railway company to carry pas¬ 
sengers safely, includes the duty of giving them a reasonable 
opportunity to alight in safety. 

Where a minor was passenger and was injured by negli¬ 
gence of the company. Held , that the contract was with 
the minor, and (the father being dead) the mother could 
not recover. 

Fairmount and Arch St. P. Ry. Co. v. Stutler , 4 P. F. 
Smith 375, per Woodward, C J. 

2. A passenger placed his ticket upon the Slawson box of 
a street railway car. The conductor insisted upon his placing 
it in the box, which the passenger refused to do. The latter 
was ejected being injured in the scuffle; 

Held , on motion for a new trial, that a verdict for one cent 
damages was rightly given. 

Hackman v. Union P. Ry. Co. (C. P. 4), 1 W. N. C. 446. 

3. While looking for money which he had dropped, the 
plaintiff was ejected from a street car for not paying his fare, 
and injured 

Held, that he was entitled to remain a reasonable time in 
the car to look for his money. 

Hall v. Second $ Third SU. P. Ry. (C. P. 4), 14 W. N. C. 
242. 

PASSENGER RAILWAYS ( see Charters . City. Constitu¬ 
tional Law. Negligence, t’owers. Railroads. Streets, etc.) 
Included by term “railroads.” Constitutional Law 8. 
Railroads 1. Taxes 7. 

Construction given to charters of special companies; — 
Continental. City 16. Franchises 2. 

Frankford & Phila. City 4. 

Green & Coates 0.nribas Lines '!. 

Heston ville, Mantua & Fairmount. Non-User 5. 

Market Street. Constitutional Law 7. 

North Branch. Powers 1 
People’s Non- User 2, 3 
Philadelphia City Charters 6. 

Philadelphia & Grav’s Ferry. City 18. Charters 7,8. Non- 
User 6. Streets 6. Taxes 2. 

Pittsburg, Allegheny & Manchester. City 2. 

Ridge Avenue. Taxes 8. 

Second & Third. Hexes 3. 


375 


Digest of Cases. 


Passenger Railways ( continued ). 

Thirteenth & Fifteenth Charters 5. Non-User 4. Powers 
9, Streets 8, 

Union. City 16. Constitutional Law 4, 5,7. Powers 5, 7. 
Taxes 4. 

West End. Charters 6. 

West Philadelphia. City 6. 

PENALTY ( see Sunday 1 ). 

PHILADELPHIA ( see City. Streets). 

PLANS (see City , IS, 16 , 18). 

POLICE REGULATIONS (see City 3). 

POWERS (see Charters. City A Constitutional Law. Fran¬ 
chises. Non - User. Streets 2). 

1. A Passenger Railway Company, to whom their charter 
gave the right to connect with any passenger railway now 
constructed or hereafter to be constructed so as to give them 
a complete route from Fairmount to the Exchange, has no 
right to connect with the road of another company afterwards 
incorporated. 

North Branch P. By. Co. v. Phila. (ify P. By. Co , 2 
Wright 361, per Lowrie, C J. (But see, Union P. By Co’s 
Appeal, 2 Penny. 434). 

2. Terms of present grant used in a Charter, are to be inter¬ 
preted only as a promise to grant, if the right given be with 
reference to what does not at the time exist. This promise 
the judiciary will not enforce. Ibid. 

3. A reasonable regulation of the use of a privilege is not 
a denial of the right. 

The right to construct and own a railway neither enlarges 
nor diminishes the right to run cars and carry passengers. 

Fran!ford f Phila. P. By. Co. v. City of Philadelphia , 8. 
P. F. Smith 119, per Strong, J. (See 6 Phila 238). 

4. A corporation is not necessarily dissolved by its insol- 
venc.- nor by writ of sequestration. The franchises not cap 
able of assignment must he exercised by it, but in subser¬ 
viency to its legal and equitable obligations. 

Germantown P. By. Co. v. Fitter , 10 P. F. Smith 124, per 
Sharswood, J. 

5. The right of the Union Passenger Railway Company to 
cross and intersect the tracks of the Market street railway is 
limited to only such crossings'as are absolutely necessary. 


376 


Digest of Gases. 

An express grant to one road to cross and recross another 
at pleasure without necessity to justify it is an infringement 
of corporate franchises which the Legislatute cannot make. 
Necessity will not justify such a grant without provision for 
compensation 

Market Street P. By. Co. v. Union P. By. Co. (C. P.), 5 
Legal G-az. 145, per Allison, P. J. 

6. A passenger railway company having once exercised 
the power conferred by its charter of laying a road upon a 
certain street, cannot again exercise this power under the ori¬ 
ginal grant by laying new and different tracks upon the 
same street, much less upon other streets. 

West Phila. P. By. Co. v. Perkins (C. P.), 10 Phila. 20, per 
Allison, P. J. 

7 The Act of March 13, 1873, giving a passenger railway 
the right “ to cross all railways and railroads now or here¬ 
after to be laid ” on a certain street, does not imply a general 
and unlimited right to cross any railway but only to make 
such crossings as are absolutely necessary, and does not give 
a right to cross a railway now constructed. 

Market St. P. By Co. v. Union P By Co. 10 Phila. 43, per 
Allison, P. J. (Paxson and Peirce, J. J. dissenting). 

8 Trespass vi et arm.is for tearing up plaintiff’s tracks on 
Dock street. Plea, Act of 12th of March, 1873 (P. L. 253), 
authorizing the Penna. Railroad Co. to lay tracks on Dock 
street, and that a bond approved by the Court of Common Pleas 
had been filed by the Penna. Railroad Co. to cover value of 
the property taken. 

Held , that the Act of 1873 gave the Penna. Railroad Co. 
no right to interfere with plaintiff’s tracks. 

That new trial must be granted as the proof on the trial, of 
plaintiff’s damage was too vague. 

Lombard, and South Sts By. Co v. Wharton (C. P. 3), 2 

W. N. C. 318. 

9. Under theircharter and their agreement with the Union 
Passenger Railway Company, the Thirteenth and Fifteenth 
streets Passenger Railway Company are entitle ! to reverse 
the running of their cars on 13th and 15th Sts., and in so do¬ 
ing may connect with and use the north track on Columbia 
Ave., built and used by the Union Co They are also 
entitled to construct a separate track on Master street, and 
f >r rhis purpose may remove and relav the joint track on that 
sir ct used by them and the Union Co. 

don P. By. Co.’s Appeil , 2 Penny. 434, per Curiam. 


377 


Digest of Oases, 


PRACTICE ( see Damages 1). 

1. A verdict was given for plaintiffs for $2000. On motion 
for new trial, the Court made an order “Rule discharged or* 
entry of remititar for all over $1000, otherwise rule abso¬ 
lute.’" Defendant paid jury fee, entered judgment and took 
writ of error Held, that the judgment was invalid, on ac¬ 
count of the pendency of the order. 

Keating v. Union P. By. Co. (C. P. 2.), 5 W. N. C. 282, 
per Mitchell, J. 

2 In an action for negligence against a passenger railway 
company, judgment was entered against the defendants for 
want of a plea. 

Upon motion of the plaintiff, Held, that the damages and 
costs might be assessed by the next jury attending Court, 
under Act of May 22,1822 (Purd. 1168; pi. 30), instead of by 
a sheriff’s jury. 

McHenry v. Union P. Ry. Co., (C. P. 3.), 14 W. N. C. 404, 
per Ludlow, P. J. 

3. Where a point is certified as part of the record showing 
that it was affirmed and a bill sealed, it may be reviewed by 
the Supreme Court even if it was withdrawn after being 
offered in the Court below. 

Federal St. Hy. Co v. Gibson, 15 Norris 83, per Mer- 

CTJR, J. 

When specific instructions were not requested by a pro¬ 
per point and no exception was taken to such as were given, 
there is no error for correction. 

Germantown P. Ry. Co. v. Walling, 1 Outer. 55, per Trun- 
KEY, J. 

PRIVATE CITIZEN (see Citizens. Parties). 

PROPERTY HOLDERS (see City 13. Equity 3). 

PUBLIC WORKS (see Equity 10, 11). 

QUO WARRANTO (see Franchises 3. Organization. 
Streets 1). 

RAILROADS (For meaning of “ Railroads” see Constitutional 
Law 8. Taxes 7). 

L All railroad companies, including passenger railway 
companies, incorporated by special acts are subject to the 
regulations of the general railroad law of 1849 so far as the 
terms of such special acts are not inconsistent therewith. 


378 


Digest of Cases. 

Mount Hotly Paper Co’s Appeal, 12 W. N. 0. 228, per 
Sharswood, C. J. 

2. The city ordinance compelling conductors ot street cars 
crossing railroad tracks at grade, to stop and cross the tracks 
in advance of their cars does not apply to a car in charge of 
one man acting both as driver and conductor. 

Phila $ Reading R. R. Co. v. Roger 9 W. N. C. 497, per 
Gordon, J. 

REAL ESTATE (see Taxes 7). 

RELEASE (see Negligence 33). 

REPAIRS (see Streets 4, 5, 6, 7, 8). 

RULES (see Evidence 1 ). 

SALE (see Omnibus Lines). 

1. The sale of a railroad under Act of April 8, 1861, does 
not extinguish the corporation but creates the purchasers a 
body corporate with all the rights, etc., of the corporation 
whose property they have bought. 

Commonwealth v. Central P. Ply. Co ., 2 P. F. Smith 506, per 
Strong, J. 

SERVANTS (For responsibility for acts of, see Negligence). 
SHERIFF’S JURY (see Practice 2). 

SPECIAL DAMAGE (see Equity 6 , 8, 9. Streets 6). 
STABLE (see Mechanics '> Lien). 

STATUTES (see Acts of Assembly). 

STOCK AND STOCKHOLDERS (see Charters 3. Officers). 

1. If a company procure an Act of Assembly altering the 
termini of the road, the subscriptions are not binding. 

Turnpike Co. v. Arndt, 7 Casey 317, per Lowrie, C. J, 

2. Commissioners named in an Act of incorporation of a 
railway company have discretionary power and a resolution 
to restrict subscriptions to stock to a certain number of 
shares (200) is lawful. 

An offer to subscribe and pay the instalment of $5.00 on a 
large number (2600) of shares gives the person making it no 
right which equity will enforce. 

Whether the subscriptions to stock were proper)} 7 taken 
cannot be inquired into in a proceeding by such subscriber. 


379 


Digest of Cases. 

The Act of assembly gives the commissioners no priority 
of right over others and no subscriptions can lawfully be ta¬ 
ken with closed doors. The law requires the books to be 
opened and the public to have an opportunity to subscribe. 

Brower v. Passenger By. Co. (N. R), 3 Phila. 161, per 
Strong, J. 

3. The commissioners for organizing a passenger railway 
company, have discretion not to receive a subscription ten¬ 
dered by a trustee who refuses to name his cestui que trust ; 
otherwise the entire control of the road, might be confered 
on another company. 

Thomas v. Citizens P. By. Co. (N. P.), 15 Leg. Int., 189, 
per Woodward, J. 

STEAM RAILROADS ( see Bailroads). 

“ STRADDLING ” (see City 16. Non- User 2). 

STREETS. (See City 1,2, 7, 9,12, IS , 16. Equity 4,5. Negli¬ 
gence 33). 

Bight to use. —A proviso in an Act prohibited the com¬ 
pany from using any railroad, turnpike or artificial road 
with out obtaining the consent of the parties owning the same: 

Held, that they could not use the paved streets of Phila¬ 
delphia without the consent of Councils. 

Graded and paved streets in a city are artificial roads. 
Quo Warranto. 

Commonwealth v. Central P. By. Co., 2 P. F. Smith 506, per 
Strong, J. 

2. A grant of power to lay a railroad upon a public street 
includes the footway. 

Clark v. Passenger By. Co. (C. P.), 3 Phila. 259, per Alli¬ 
son, J. 

3. The use of streets of a municipal corporation is sub¬ 
ject to the control of the Legislature, but consequential 
damages for the occupation thereof, are not within the pro¬ 
hibition against taking private property for public use with¬ 
out compensation. 

Maris v. Union P. By. Co. (C. P.), 5 Legal Gaz. 145, per 
Allison, P. J. 

Bepairs. —4. In the absence of any statutory provision, a 
passenger railway company is bound to keep in repair the 
portion of the street occupied by it, but no more. If the 
track is out of order and dangerous (semble) the company 
inav be indicted for maintaining a nuisance. 

Harrisburg v. Harrisburg P. By. Co., 1 Pearson 298. 


380 


Digest of Cases. 

5. By the Charter of a Passenger Railway Company it was 
not to occupy any of the streets of Pittsburg without consent 
of city Councils, and was required to keep so much of the 
streets as it should use in perpetual good repair. Councils 
in consenting to the use of a street, also required that the 
street should be kept in perpetual good order and repair 
throughout its whole length from curb to curb. 

Held, , that the company was bound to keep the street 
cleansed from the dirt and filth necessarily or casually ac¬ 
cumulating thereon from its ordinary use as a public 
thoroughfare. 

Pittsburg $ Birmingham P. Rg. Co. v. Borough of Birming¬ 
ham, 1 P. F. Smith 41, per Read, J. 

6. By its charter and city ordinance the Phila. and G-ray’s 
Ferry Passenger Railway Company is bound to keep in re¬ 
pair the entire roadway of the streets occupied by it, and 
upon failure so to do, the Chief Commissioner of Highways 
may make the repairs. 

Private citizens have no right of action for the suppression 
of a public nuisance without proof of special damage. 

Injunctions by the railway company and by citizens re¬ 
straining the Chief Commissioner from tearing up the street, 
dissolved. 

Phila. ft Grafs Ferry P. Ry. Co. v. City : Sinex et. al. v. 
City (C. P. 4), 2 W. N. C. 639. 

7. A passenger railway company authorized by its charter 
to construct a line subject to consent of city councils, obtain¬ 
ed such consent by city ordinance subject to the condition 
that it should keep the streets occupied in good repair from 
curb to curb. After the company had occupied a street, 
an extraordinary rain covered it to the depth of eight or ten 
feet with rocks, mud, etc., washed from a neighboring hill. 

Held , that the company was obliged to remove the deposit 
at its own expense. 

Tittsburg ft Birmingham P. R. Co. v. Pittsburg , 30 P. F. 
Smith 72, per Mercur, J. 

8. The Thirteenth and Fifteenth Streets Passenger Rail¬ 
way Company are required to keep in repair the entire road¬ 
way from curb to curb of the streets occupied by them, in¬ 
cluding Broad street; while themselves violating an ordi¬ 
nance the company has no standing in Equity to ask for an 
injunction restraining the Commissioner of Highways from 
obstructing their line. 

Thirteenth ft Fifteenth Sts. P. Tty. Co. v. The City (C. P. 4),. 
13 W. N. C. 487, per Elcock, J. 


381 


Digest of Cases . 

Obstruction. —9. In public streets occupied by passenger 
railways, the owners of vehicles cannot place them across the 
track so as to obstruct the running of cars, even for a few 
minutes, except in cases of necessity. 

Commonwealth v. Donaldson (C. P. 2, Alledienv Co.), 14 
W. N. C. 528, per White, J. 

Grade. —10. Motion to continue special injunction by the 
owner of property against the companies defendant, to re¬ 
strain them from raising the grade of Belmont avenue, to the 
damage of plaintiffs hotel. 

Held ,, that the city, if anyone, was the wrongdoer in chang¬ 
ing the grade and that the plaintiff had no redress against 
the companies who were also injured. 

Kennedy v. Phila. City P. Ry. Co., et al. (C. P. 4.), 2 W. 
N. C. 505. 


SUBSCRIPTIONS (see Charter 3. Stork). 

SUNDAY. 

1. The running of passenger cars on Sunday is a breach of 
the peace, and also a violation of the Act of 1794, and sub¬ 
ject to indictment. 

Commonwealth v. Jeandell (N l \), 2 Gr. 506, per Thompson,. 
J. (See 3 Phila, 509). 

2. Passenger railway cars are not restrainable from run¬ 
ning on Sunday, by injunction. 

Sparhawk v. Union ! J . Ry. Co. 4 P F. Smith 401, per 
Thompson, Read, J. J. and Woodward, C. J. 

TAXES. 

1. Dividends of passenger railway companies are distribu¬ 
table to paid stock and are liable for city taxes, and the annual 
reports made to the Auditor General by the company are the 
best evidence of the amount of such stock. 

Citizens P. Ry. Co. v. City of Phila. 13 Wright 251, per 
Thompson, J. 

2. The charter of a railway company provided that when the 
dividends exceeded six per cent, per annum on capital stock, 
6 per cent, on such dividends should be paid to the city. 

Held , that the capital paid in and not the authorized capi¬ 
tal was intended. 

A supplement provided that the pait ot the charter as to 
tax on dividends should be so construed as to apply to the 


Digest of Cases. 382 

authorized capital of the company. Held , that this provision 
was prospective. 

Held, that the payment to the city was to be on the whole 
dividend not merely on the excess over 6 per cent, and that 
interest was chargeable on the sums to be paid to the city 
from the time they were due. 

City of Phila, v. Phila. Gray's Ferry P. Ry. Co., 2 P. F. 
Smith 177, per Read, J. 

3. A railway company was bound by its charter to pay to 
the city a tax on the excess of dividends above 6 percent, per 
annum; 

Held , that the basis on which the estimate of tax was to be 
made was the capital actually paid in, not the cost of the 
road nor the authorized capital. 

Second $ Third St. P. Ry. Co. v. City of Phila., 1 P. F. Smith 
465, per Thompson, J. 

4. A company required by its charter and City Ordinances 
to pay a license tax of $30 per car, under a clause directing 
payment of such taxes as were then paid by other compa¬ 
nies, cannot, after payment for several years of a higher 
license tax of $50 per car, subsequently imposed by Act of 
Assembly, object to the validity of such Act; 

First, Because by payment, the provisions of the subsequent 
Act have been accepted. 

Second, The later Act is constitutional, because the taxa¬ 
tion clause in the charter was not a contract, and if it was, 
the Legislature could alter it under the Amendment of 1857. 

Union P. Ry. Co. v. The City, 2 Norris 129, per Curiam 
(Affirmed Sup. Ct. IT. S., 8 W. N. C. 377). (See 2 W. IS. C. 
425). 

5. The charter of the Ridge Avenue Passsenger Railway 
Company provided that it must pay an annual tax on any 
dividend declared which may exceed six per centum upon 
the ‘‘Capital Stock.” 

Held, First, That the words “Capital Stock” contemplate 
the amount of Capital Stock actually paid in, and not the 
authorized Capital Stock. 

Second, That the w T ords “any dividend declared” are to be 
construed as meaning the aggregate of all the dividends de¬ 
clared for one year. 

City v. Ridge Are. P. Ry. Co., 6 Outer. 190, per Clark, J. 
(See 12 W. N. C. 352). 

6. The horses of passenger railway companies in Philadel¬ 
phia are subject to taxation for municipal purposes under 



383 Digest of Cases. 

the Acts of April 29, 1844 (P. L. 497), and August 25, 1864 
(P. L. 1030). 

Citizens P. Eg. Co. v. Donohugh (C. P. 4), 10 W. N. C. 
62, per Thayer, P. J. 

7. The real estate of a street passenger railway company 
is within the meaning and spirit of the Act of January 4, 
1859, making the real estate of “railroads” liable to taxation, 
though the company was incorporated subsequent to tho 
passage of the Act. 

Peal Estate of Passenger Pailways in Pittsburg held sub¬ 
ject to taxation. 

Citizens Pass. Eg. Co. v. City of Pittsburg. 14 W. IN. C. 268, 
333, per Mercur, C. J. (Paxson & Green, J. J. dissenting). 

8. The horses of passenger railway companies in Phila¬ 
delphia are subject^to taxation. ( Citizens P. Eg. v. Dono¬ 
hugh , (10 W. P. C. 62) followed.) 

Smith v. Phila. Citg Pass. Eg. Co. (O.P. 1), 12 W. P. C. 171, 
per Allison, P. J. 

TERMIPI (alteration of, releases subscribers. See Stock). 

TRACKS ( see Citg 5, 6, 9 , 16. Non-user. Powers 8. Eail- 
road 2.) 

TRANSFER OF SPIARES (see Officers). 

TRESPASS (see Powers 8). 

ULTRA VIRES (see Charters Constitutional Law. Officers 
6. Powers). 








TABLE OF CASES 


Arndt, Turnpike Co. v. 378 
Attorney-General r. Lombard A 
South Sts. F. Ry. Co., 354, 363 

Baldwin, Commonwealth v. 354 
Baldwin, Peoples P. Ry. v. 371 
Bank v. West Philadelphia P. Ry. 
Co., 372 

Birmingham, Pittsburg & Bir¬ 
mingham P. Ry. Co. v. 3SO 
Boyer, Phila. A Reading R. R. v. 
364, 378 

Boudrou, Thirteenth & Fifteenth 
Sts. P. Ry. Co. v. 363, 367 
Bresmer v. Green & Coates Sts. 
P. Ry. Co., 370 

Bresmer, Green & Coates Sts. P. 

Ry. Co. v. 351, 370 
Bridge Co., Dugan v. 350 
Bropliv, Germantown P. Ry. Co. 
v. 367 

Brower v. Passenger Railway, 379 

Caldwell, Pittsburg, A. A M. P. ' 
Ry. Co. v. 363, 368 
Central P. Ry.Co.,Commonwealth I 
v. 351, 373, 378, 379 
Central P. Ry. Co., Roberts v. 

357 

City, Citizen P. Ry. Co. v. 381 
City v. Continental P. Ry. Co., 354, 

358 

City v. Empire P. Ry. Co., 353 
“ v. Frankford & Phila. P. Ry. 
Co. v. 352, 375 

City t. Germantown P. Ry. Co., 
354 

City, Hestonville, F. & M. P. Ry. 
Co. v. 351, 371 

City v. Lombard A South Sts. P. 
Ry. Co., 358 

City v. Phila. & Gray’s Ferry, P. 
Ry. Co., 382 

City, Phila. & Grays Ferry P. Ry. 
Co. v. 383 

City v. Ridge Avenue P. Ry. Co., 
382 


City, Ridge Avenue P. Ry. Co. v. 
353, 363 

City, Second & Third Sts. P. Ry. 

Co. v. 362, 3^2 
City, Sinex v. 389 
u Southwark R. R. v. 356 
“ v. Thirteenth A Fifteenth 
Sts. P. Ry. Co., 351, 354, 355, 
358 

City, Thirteenth A Fifteenth Sts. 

P. Ry. Co. v. 380, 381 
City, Union P. Ry. Co. v. 382 
“ West Phila, P. Ry. Co. r. 
353 

Citizens P. Ry. Co. v. City 381 

“ “ v. Donohue, 

383 

Citizens P. Ry. Co., of Pittsburg 
v. Pittsburg, 383 

Citizens P. Ry. Co., Thomas v. 
379 

Clark ®. P. Ry. Co., 379 
Cleveland P. A A. Railroad Co. 
v. Erie, 356 

Colgan v. West Phila, P. Ry. Co., 
366 

Coller v. Frankford A Southwark 
P. Ry. Co., 364 

Commonwealth v. Baldwin. 354 
Commonwealth v. Central P. Ry. 

Co., 351, 373, 374, 379 
Commonwealth v. Donaldson, 381 
Commonwealth v. Jeandell, 381 
Commonwealth v. Lombard A 
South, Sts. P. Ry. Co., 354, 
369 

Commonwealth v. Railroad Co., 
351 

Commonwealth v. Smedley, 355 
Continental P. Ry., City v. 354, 

358 

Continental P. Ry. Co., Lejee v. 
361 

“ u Martin v. 373 

“ “ Shipley v. 357 

359 

Continental P, Ry. Co. v. Swain, 
365 






386 


Table of Cases. 


Continental P. Ry. Co., Union 
P. Ry. Co. v. 254 

Connell, Hestonville, M. & F. 
P. Ry. Co. v. 369 

Crissey v. Hestonville, M. & F. P. 
Ry. Co., 368 

Donahue, Pittsburg, A. & M. P. 

Ry. Co. v. 357, 363 
Donaldson, Commonwealths. 381 
Donohue, Citizens P. Ry. Co. v. 
383 

Dougherty v. Frankford & South¬ 
wark, P. Ry. Co-, 364 
Dougherty, West Philadelphia 
P. Ry. Co., s. 353 
Dugan v. Bridge Co., 350 

Empire P. Ry. Co., City v. 353 
Erie, Cleveland P. & A. R. R. v. 
356 

Everhart v. Railroad Co., 351 

Faust v. P. Ry. Co., 359 
Fairmount & Arch St. P. Ry. Co.. 
v. Musser, 352 

Fairmount & Arch St. P. Ry. Co. 
v. Stutler, 374 

Federal St. & P. Y. Ry. Co. v. 
Gibson, 365, 377 

Fitler, Germantown P. Ry. Co. 
v. 375 

Frankford & Phila. P. Ry. Co. 
v. City, 325, 375 

Frankford & Southwark P. Ry. 

Co., Coller v. 364 
Frankford & Southwark P. Ry. 
Co., Dougherty, v. 364 

Germantown P. Ry. Co. v. 

Brophy, 367 

Germantown P. Ry. Co. City v. 354 
Germantown P. Ry. Co. v. 

Fitler, 375 

Germantown P. Ry. Co. v 

Walling, 367, 377 
Gibson, Federal St. & P. Y. Rv 
Co. v. 365, 377 

Girard College P. Ry. Co. v. 
Middleton, 364 

Girard College P. Ry. Co. u. 
Thirteenth & Fifteenth Sts. P. 
Ry. Co., 370 

Glassey v. Hestonville, M. & F. 
P. Ry. Co. 367 


Gray, Hestonville M. & F. P. Ry. 
Co. u. 368 

Green & Coates Sts. P. Ry. Co. 

v. Bresmer, 361, 370 
Green & Coates Sts. P. Ry. Co. 
Bresmer r, 370 

Green & Coates Sts. P. Ry. Co. 
Iatlio r. 365 

Green & Coates Sts. P. Ry. Co. 
v. Moore, 373 

Green & Coates Sts. P. Ry. Co. 

Railroad Co. v. 358 
Green & Coates Sts. P. Ry. Co. 
Reilly v. 366 

Hagan v. Phila. & Gray’s 
Ferry P. Ry. Co. 366 
Hall v. Second & Third Sts. P. 
Ry. Co., 374 

Hassard, Phila. City P. Ry. Co. 
v. 366 

Harrisburg v. Harrisburg P. Ry. 
Co., 353, 379 

Harrisburg P. Ry. Co.,Harrisburg 
v. 3 53, 379 

Henrice, Phila. City P. Ry. Co. 
v. 331, 355, 338 

Hestonville, M. & F. P. Ry. Co. 
v. City, 355, 371 

Hestonville, M. & F. P. Ry. Co. 
v. Connell, 339 

Hestonville, M. & F. P. Ry. Co. 
v. Crissey, 338 

Hestonville, M^& F. P. Ry. Co. 
Glassey v. 337 

Hestonville, M. & F. P. Ry. Co. 
v. Gray, 338 

Hestonville, M. & F. P. Ry. Co. 
v. Kelley, 335 

Hestonville, M. & F. P. Ry. Co. 
Mcllvain v. 333 

Hestonville, M. & F. P. Ry. Co. 
McCarty v. 333 

Hestonville, M. & F. P. Ry. Co. 
Smith v. 366, 369 

Iatho v. Green & Coates Sts. P, 
Ry. Co., 335 

Jeandell, Commonwealth v. 381 
Jewell v. Union P. Ry. Co., 358 

Keating v. Union P. Ry. Co., 377 
Kelley, Hestonville, M. & F. P. 
Ry. Co. v. 385 







387 


Table of Cases . 


Kennedy v. Phila. City P. Ry. Co. 
381 


Lackman v. Union P. Rv. Co., 374 

Lauderbuck v. Peoples’P. R. Co., 
365 

Lejee o. Continental P. Ry. Co., 
361 

Lombard & South Sts. P. Ry. Co., 
Co., Attorney General, v. 354, 
360 

Lombard & South Sts.P. Rv. Co., 
City v. 35S 

Lombard & South Sts. P. Ry. Co., 
Commonweath, v. 354, 360 

Lombard & South Sts. P. Ry. Co., 
v. Steinhart, 369 

Lombard & South Sts. P. Ry. Co., 
v. Wharton, 376 


McCarty v. Hestonville M. & F. P. 
Ry. Co., 363 

McHenry v. UnionP. Ry. Co., 377 
Mcllvain v. Hestonville, M. & F. 
P. Ry. Co., 363 

Maris v. Union P.Ry. Co.,356,359, 
379 

Market st. P. Ry. v. Union P. Ry. 
Co. , 356, 376 

Martin v. Continental P. Ry. Co., 
373 

Mayberry v. Pass. Ry. Co., 370 
Mechanics’ Bank v. West Phila. 
P. Ry. Co., 372 

Middleton, Girard College, P. Ry. 
Co. v. 364 

Moore, Green & Coates Sts. P. Ry. 
Co. v. 373 

Morris, Second & Third Sts. P. 
Ry. Co v. 359 

Mount Holly Paper Co. ’s Appeal, 
372 378 

Mulhair, West Phila. P.Ry. Co., 
v. 364 

Musser v. Fairmount & Arch st. 
P.Ry. Co.,352 


Kagle, West Phila. P. Ry. Co. 
v • 373 

Kavy Yard, Broad St.& Fairmount 
P. Ry. Co., Peterson, v. 359, 360 
JSTorth Branch P. Ry. Co. v> Phila. 
City P. Ry. Co., 375 


Pass. Ry. Co., Brower, v. 379 
“ Clark, v. 379 

u Faust, v. 359 

“ Mayberry, v. 370 

kt Stein, i\ 360 

“ Watt, v. 350 

Pearson, Pittsburg A. & M. P. 
Ry. Co. v. 369 

Peoples’ P. Rv. Co.’s Appeal, 371 
“ v. Baldwin, 371 

“ v. Lauderbuck, 

v. 365 

Perkins, W. Phila. P. Ry. Co., 
«., 350, 376 

Peterson v. Navy Yard, Broad St. 
& Fairmount P. Ry. Co., 359, 

360 

Phila. and Darby R. R., Willis, v. 
372 

Phila. City P. Ry. Co. v. Hassard, 
366 

Phila. City P. Ry. Co., v. Hen- 
rice, 361, 365, 368 
Phila. City P. Ry. Co. Kennedy, 
v. 381 

Phila. City P. Ry, Co., Korth 
Branch P. Ry. Co., «. 375 
Phila. City P. Ry. Co., Smiths. 
383 

Phila. City P. Rv. Co., West End 
P. Ry. Co., v. 351 
Phila. City P. Ry. Co., Wirth v. 

361 

Phila. & Gray’s Ferry P. Ry. Co’s. 

Appeal, 351, 359, 371 
Phila. & Gray’s Ferry P. Ry. Co. 
v. City, 380 

Phila. & Gray’s Ferry P. Ry. 
Co., City v. 382 

Phila. & Gray’s Ferry P. Ry. Co. 

' Hagan v. 366 
Phila. & Reading R. R. v. Boyer 
364, 378 

| Pittsburg, Pittsburg & Birming- 
ham P. Ry. Co., v. 380 
[ Pittsburg A. & M. P. Ry. Co’s 
Appeal, 352 

Pittsburg A. & M. P. Ry. Co., v. 

Caldwell, 360, 368 
Pittsburg A. & M. P. Ry. Co., v. 

Donahue, 357, 363 
Pittsburg P. Rv. Co., ®. Pearson, 
369 

Pittsburg & Birmingham P. Ry 
Co., ®. Birmingham, 380 





388 


Table of Cases . 


Pittsburg, Citizens P. Ry.Co., r. 
388 

Public Buildings Commission, 
West Phila. P. Ry. Co., v . 360 


Railroad Co., Commonwealth r. 
351 

Railroad Co., Everhart >\ 351 
Railroad Co., r. Geeen and Coates 
Sts. P. Ry. Co., 358 
Ridge Avenue P. Ry. Co., City, 
v. 382 

Reilly v. Green & Coates Sts. P. 
Ry. Co., 366 

Ridge Avenue P. Rv. Co., r. City 
353, 354, 360 

Roberts v. Central P. Rv. Co., 
357 


Second & Third Sts. P. Iiy. Co. 
v. City, 362, 382 

Second & Third Sts. P. Ry. Co., 
Hall v, 374 

Second & Third Sts. P. Ry. Co. 

v. Morris, 359 
Sinex v. City, 380 
Shipley v. Continental P. Ry. Co., 
357, 359 

Smedley, Commonwealth v. 355 
Smith v. Hestonville, F. & M. 

P. Ry. Co., 366, 369 
Smith v. Phila. City P. Ry. Co., 

383 

Southwark R. R. Co. v. City 356 
Sparhawk v. Union P. Rv. Co., 
381 

Stein v. Passenger Railway Co., 
360 

Steinhart, Lombard & South Sts. 

P. Ry. Co. v. 369 
Stutler, Fairmount & Arch Sts. 
P. Ry. Co. v. 374 

Swain, Continental P. Rv. Co., i\ 
365 


Thirteenth & Fifteenth P. Ry. 

Co. v. Boudrou, 363, 357 
Thirteenth & Fifteenth P. Ry. 

Co. v. City, 380, 381 
Thirteenth & Fifteenth P. Ry., 
City v. 351, 354, 355, 358 
Thirteenth & Fifteenth, Girard 
College P. Ry. Co. v . 370 
Thomas v. Citizens’ P. Ry. Co., 
379 


Turnpike Co. v. Anidt, 378 

Union P. Ry. Co.’s Appeal, 358, 
371, 376 

Union P. Ry. Co. v. City, 382 
“ “ “ u u. Continen¬ 
tal P. Ry. Co., 354 

Union P. Ry. Co., Jewell t. 358 

Union P. Ry. Co., Keating v. 377 
“ “ u Lackman v. 374 

u “ u McHenry v. 377 

“ “ u tc Maris v. 356,359 

379 

Union P. Ry. Co., Market St. P. 
Ry. v. 356, 376 

Union P. Ry. Co. v . Sparhawk, 
331 

UnionP. Ry.Co., West Phila. P. 
Ry. Co. v. 356 


Walling, Germantown P. Ry. Co. 
v. 367, 377 

Watt r. P. Ry. Co., 350 
West End P. Rv. Co. v. Phila. City 
P. Ry. Co., 351 

West Phila. P. Ry. Co., Bank 
v. 372 

IVest Phila. P. Ry. Co. v. City, 

353 

West Phila. P. Ry. Co., Colgan 
v. 366 

West Phila. P. Ry. Co., v. Dough¬ 
erty, 353 

West Phila. P. Ry. Co., Mechan¬ 
ics Bank v. 372 

West Phila. P. Ry. Co. v. Mul- 
hair, 364 

West Phila. P. Ry. Co. i\ Nagle, 
373 

West Phila. P. Ry. Co. v. Perkins, 
350, 376 

West Phila. P. Ry. Co. v. Public 
Building Commission, 360. 

West Phila. F. Ry. Co. o. Union 
P. Ry. Co., 356 

West Phila. P. Ry. Co. Whip¬ 
ple, 366 

Wharton, Lombard & South Sts. 

P. Ry. Co. «. 376 
Whipple, West Phila. P. Ry. Co. 

v. 366 

Willis®.Phila. ADarbyR.R., 372 
Wirth v. Phila. City P. Ry. Co. 
361 

Wright’s Appeal, 372 




389 


List of Titles. 


LIST OF TITLES. 



PAGE. 


PAGE. 

ABANDONMENT. 


349 

COMPETING ROADS. 

357 

ACCIDENT. 


349 

CONTRACT. 

357 

ACTS OF ASSEMBLY. 


349 

CONTRIBUTORY NEGLI¬ 


AGENTS. 


349 

GENCE. 

357 

APPRAISEMENT. 


349 

CONSTRUCTION. 

357 

AUDITOR GENERAL’S 

RE- 


CO-OPERATION. 

357 

PORTS. 


349 

COUNCILS. 

357 

AWARD. 


349 

COURTS. 

357 

BOARD OF SURVEYS. 


350 

CROSSINGS. 

357 

BONDS. 


350 

DAMAGES. 

357 

BONDHOLDERS. 


350 

DIRECTORS. 

358 

BUILDING COMMISSION. 


350 

DISSOLUTION. 

358 

BURDEN OF PROOF. 


350 

DISTRICT COURTS. 

358 

CAPITAL STOCK. 


350 

DIVIDENDS. 

358 

CARRIERS. 


350 

DRIVERS. 

358 

CARS. 


350 

DUTIES. 

358 

CHARTERS. 


350 

EMINENT DOMAIN. 

358 

Construction of. 


350 

EMPLOYEES. 

358 

Forfeiture for non- 

-com- 


EQUITY. 

358 

pletion. 


351 

Parties. 

358 

Legislative Control . 


351 

Injunctions. 

359 

CHIEF COMMISSIONER 

OF 


Nuisance. 

330 

HIGHWAYS. 


352 

ERRORS AND APPEALS. 

360 

CITY. 


352 

ESTOPPEL. 

360 

Consent of. 


352 

EVIDENCE. 

360 

Control of. 


352 

FACT. 

361 

Ordinances. 


353 

FOOTWAY. 

361 

As a party to suits. 


354 

FORFEITURE. 

361 

City o fficers. 


354 

FRANCHISES. 

361 

Mandamus. 


354 

FRAUD. 

361 

CITY OFFICERS. 


355 

GRADE. 

361 

CITY SURVEYOR. 


355 

GRANT. 

361 

CITIZENS. 


355 

HACK STANDS. 

361 

COMMISSION. 


355 

HIGHWAYS. 

362 

COMMISSIONER OF HIGH- 


HORSES. 

362 

WAYS. 


355 

INDICTMENT. 

362 

COMPETING LINES 


355 

INFANT. 

362 

CONDUC roR. 


355 

INHABITANT. 

362 

CONNECTING LINES. 


355 

INJUNCTION. 

362 

CONSENT. 


355 

INTEREST. 

362 

CONSOLIDATION. 


355 

JUDGMENT. 

362 

CONSTITUTIONAL LAW. 


355 

JURY. 

362 

Titles of acts. 


356 , 

LAW. 

362 

Legislature. 


356 i 

LEASE. 

362 

Eminent domain. 


356 1 

LEGISLATURE. 

362 






List of Titles 


390 


PAGE. 


LIABILITIES. 362 

LICENSE TAX. 362 

LIMITATIONS. 362 

MANDAMUS. 363 

MARRIED WOMAN. 363 

master and SERVANT. 363 

MECHANICS’ LIEN. 363 

MERGER. 363 

MINORS. 363 

MORTGAGE. 363 

MUNICIPAL CORPORATION. 363 
MUNICIPAL OFFICERS. 363 

MUNICIPAL COMMISSION. 363 

NEGLIGENCE. 363 

Contributory Negligence. 365 
Infants. 367 

Parents. 369 

Married Woman. 369 

Master and Servant. 370 

NEW TRIAL. 370 

NON-USER. 370 

NUISANCE. 371 

NUMBERS ON CARS. 371 

OBSTRUCTION. 372 

OFFICERS. 372 

OMNIBUS LINE. 373 

ORDINANCES. 373 ! 

ORGANIZATION. 373 

OVERISSUE OF STOCK. 373 

PARADES. 373 

PARENTS. 373 

PARK COMMISSION. 373 

PARTIES. 373 

PASSENGERS. 374 

PASSENGER RAILWAYS. 374 

PENALTY. 375 


PAGE. 

PHILADELPHIA. 375 

PLANS. 375 

POLICE REGULATION. 375 

POWERS. 375 

PRACTICE. 377 

PRIVATE CITIZEN. 377 

PROPERTY HOLDERS. 377 

PUBLIC WORKS. 377 

QUO WARRANTO. 377 

RAILROADS. 377 

REAL ESTATE. 378 

RELEASE. 378 

REPAIRS. 378 

RULES. 378 

SALE. 378 

SERVANTS. 378 

sheriff’s jury. 378 

SPECIAL DAMAGE. 378 

STABLE. 378 

STATUTES. 378 

STOCK AND STOCKHOLDERS. 378 
STEAM RAILROADS. 379 

“straddling.” 379 

STREETS. 379 

Right to use. 379 

Repairs. 379 

Obstruction. 381 

Grade. 381 

SUBSCRIPTIONS. 381 

SUNDAY. 381 

TAXES. 381 

TERMINI. 383 

TRACKS. 3 3 

TRANSFER OF SHARES. 383 

TRESPASS. 383 

ULTRA VIRES. 383 











INDEX OF LAWS. 


ACTS OF ASSEMBLY. 

Special acts incorporating companies, etc.. 1-253 
General acts relating to passenger railways, 255-282 
Relating to steam railroads in Philadelphia, 303-341 

AGENTS. 

Companies to employ careful agents, 283 

“ to be responsible for their violation of law, 283 
Conductors to stop cars at railroad crossings, 299 
Of steam railroads subject to penalty for obstructing crossings, 314 

APPRAISERS. 

District court to appoint, 255 
Duties of, 255 

ARCH ST. (See Fairmount & Arch , Hestonville , Mantua & Fairmount.) 

BALTIMORE POST ROAD. 

Route of Philadelphia and Delaware Co., R. R. along, 305 

BARING ST. (See West Philadelphia.) 

BEECH ST. 

Tracks on, by Philadelphia and Reading and River Eront Railroads, 
344 

BOARD OF SURVEYS. 

To approve plans of Passenger Rys., 282 

Plans of all railroads to be submitted to, 322 

Power to conform plans of railroads to City regulations, 322 

But above to apply only to Passenger Rys., 331 

To conform grades of streets to railroads intersecting them, 331 

To approve gauge of railroads, 286 

BONDS. 

Companies authorized to issue, may secure by mortgage, 256 

BRIDGES. (See Streets.) 

To be kept in order by Companies, 290 

Right of way regulated at Market and Chestnut streets, 295 

BRIDGEWATER ST. 

Owners of wharves to construct railroad on, 325 
BROAD ST. 

Protest against occupation of, 292 
Route of Southwark R. R. to, 305 
To be appropriated for a public drive and repaved, 332 
Rights and properties of City railroad thereon, to be appropriated, 
333 

Rights and property of Philadelphia and Reading R. R. thereon, to 
be appropriated, 333 

(i) 



Index of Laws. 


(2) 


Beoad Street ( continued ). 

Compensation therefor, 383 
No tracks to be laid thereon, 334 

Philadelphia and Reading R. R. requested to remove tracks from, 
342 

C ALLOWHILL. (See Fair mount an d Arch; Peoples .) 

CALLOWHIRL ST. 

Right of way on, 290 

Robert P. Bender to lay track across, 335 

CARBON ST. 

Philadelphia and Trenton R. R. authorized to lay tracks on, 346 
CARS. 

Tax of $50, etc., per car to be paid annually to the city of Philadel¬ 
phia, 257, 2 >6, 2 1, 214 
Number to be painted on each, 281 

CEDAR ST. 

Route of Southwark R. R. Co. to, 305 

CENTENNIAL EXHIBITION. 

Companies to pay tax for benefit of, 259 

Penalties and forfeitures remitted to companies accepting Act for 
the benefit of the Centennial Exhibition, 259 

CENTRAL P. RY. CO. (NO. 1). 

Incorporated, 1 

Ordinance consent ng to construction of, 3 

CENTRAL P. RY. CO. (NO. 2). 

Incorporated, 4 
Extension of privileges, 7 
Correction of error, 8 

CHARTERS. (See names of Companies.) 

CHESTNUT HILL RY. CO. 

Route of, 315 

CHESTNUT & WALNUT. (See Philadelphia City.) 

CHIEF COMMISSIONER OF HIGHWAYS. (See City officers.) 
CHIEF ENGINEER. (See City Officers.) 

CIRCUIT. 

Councils may authorize companies to use streets already occupied 
to complete circuit, 260 

CITIZENS’ P. RY. CO. (Tenth A Eleventh Sts.) 

Incorporated, 9 

Extension authorized, 12,13, 14 
Authorized to sell land, 12. 13 
Ordinance disapproving charter, 15 

“ consenting to construction of, 15 

CITY. ( See Philadelphia.) 

Railways not to be constructed within, without consent of local 
authorities, 255 

No railroads incorporated under Act of April 4, 1868, to occupy 
streets, without consent of, 335 


(3) 


Index of Laws. 


City— see Philadelphia ( continued ). 

To receive annually $50 for each car, 257 

Not to regulate railways except as authorized by Legislature, 257 
Of first-class may consent to extension of existing railways, 260 
“ “ u may authorize other than animal power, 260 

Incorporation of railway companies in cities of 2d, 3d, 4th and 5th 
classes, 261, 268, 275 

Use of other than animal power in cities of the 2d and 3d class 
authorized, 268 

Authorized to construct railroad, 317 
May make contracts with railroads, 340 

CITY COUNCILS. (See Councils , Philadelphia.) 

CITY OFFICERS. (See Board of Surreys, Philadelphia.) 

Board of Surveys to approve plans, 282 
“ “ “ to require certain gauge, 286 

Chief Commissioner of Highways to notify companies to remove 
obstructions and make repairs, 283,288 
Chief Commissioner to enforce repairs, 290, 300 
“ u to stop running of cars, 288 

u u to receive license tax of $50 per car, 291 

“ k ‘ to test rights of the city by suit, 293 

“ u to examine certain streets, 296 

u “ to inspect repairs, 301 

Chief Engineer to approve plans of Penna. R. R. on Filbert street, 
347 

City Solicitor to receive statement, 284 
u u to institute proceedings, 289 

u “ to bring suit for penalty for not repairing streets, 
290, 298 

CPv Solicitor to defend suits,. 293 

“ u to collect cost of repairing, 300 

“ directed to prosecute companies failing to repair 
streets, 298 

Mayor may authorize use of steam street cars, 299 

CITY SOLICITOR. (See City Officers.) 

CITY ORDINANCES. (See Ordinances.) 

COLUMBIA AVENUE. 

Route of Kensington and Penn Township R. R. upon, 310 
Damages paid for, to be refunded by the city, 310 

COLUMBIA AVENUE. (See Union.) 

COLUMBIA, LANCASTER AND PHILADELPHIA R. R, CO. 
Terminus at Philadelphia, 303 
Not to obstruct streets, 303 

COLUMBIA R. li. 

Route of, 317 

CONDUCTORS. (See Agents.) 

CONNECTING RAILWAY CO. 

Route of, 328 

To provide crossings and make connections, 329 

CONNECTIONS. 

Councils to authorize, 287 


Index of Laws. 


(4) 


CONSTITUTION. 

Prohibition of construction of railways without consent of local 
authorities, 255 

Companies not to extend railways unless Article 16 is accepted, 261 
Mode of acceptance of, 261 

CONSTRUCTION - . (See Grades , Damages ,) 

Constitutional prohibition against, without consent of local 
authorities, 255 

CONTINENTAL P. RY. CO. 

Incorporated, 16 

Ordinance authorizing construction of, 20 
“ authorizing additional tracks, 21 

CONTRACTS. 

Cities may enter into with Railroad Companies, 340 

COUNCILS. (See Philadelphia.) 

Consent of, necessary for construction of railways, 255 

To reduce fares of companies asking additional privileges, 300 

Shall reduce fares of companies using other than animal power, 260 

May consent to extension of railways, 260 

Have power to regulate Traction companies, 281 

To carry out law for improvement of Broad street, 334 

CROSSINGS. (See Streets.) 

Passenger railways to lay flag stones at, 282, 286 
Penalty for omission, 282 

Of steam railroads by passenger railways at grade regulated, 299 
Conductors of cars to stop cars at, 299 
Of gutters to be laid with iron plates, 287 
Railroad companies not to obstruct, 314 
R lilroads noi; to obstruct in construction of the road, 316 
Philadelphia, Germantown and Norristown R. R. to change grade 
at, 317 

Not to be obstructed at private roads, 318 
Safety gates at, 346, 348 

CUMBERLAND ST. 

Tracks on by River Front R. R. 345 

DAMAGES. (See Steam liailroads.) ' 

Steam Railroads to pay damages for location upon streets, 315 

DELAWARE AVENUE. 

Pennsylvania R. R. authorized to lay tracks on, 339, 340 
Philadelphia and Reading R. R. authorized to cross, 342 
Consent by City to occupation of, by Penna. R. R. 342 
Regulations as to, 343 

Tracks on by Philadelphia and Reading and River Front R. Rs. 
344 

Philadelphia and Trenton R. R. authorized to lay tracks on part 
of, 346 

DELAWARE COUNTY P. RY. CO. 

Incorporated, 21 
Authorized to lay tracks, 23 

Number of Directors reduced and use of dummies authorized, 23 


(5) 


Index of Laws. 


DIRECTORS. (See Officers.) 

DOCK ST. 

Pennsylvania R. R. authorized to lay track on, 341 
DISTRICT COURT. 

To appoint appraisers to assess property purchased of Railway 
Companies, 255 

DRIVERS. (See Agents.) 

EIGHTEENTH & TWENTIETH. (See Continental.) 

EMPIRE P. RY. CO. (Twelfth A Sixteenth.) 

Incorporated, 24 
Authorized to use street, 27 

EXEMPTION. 

Companies accepting Act for benefit of Centennial Exhibition to 
be exempt from certain penalties and forfeitures, 259 

EXTENSION. 

Of railways in cities of 1st class authorized, 260 

FAIRMOUNT P. RY. CO. 

Incorporated, 39 

Authorizing compromise of litigation and arranging terms and 
mode of carrying same into effect, 42 
Authorizing increase of directors and extension of road, 46 
“ increase of stock, 47 
Extending provisions of Sequestration Act to, 47 
Ordinance as to repairs and compensation for use of certain 
tracks, 47 

FAIRMOUNT PARK & DELAWARE RIVER P. RY. CO. 
Incorporated, 35 

Reducing stock and authorizing additional track, 37 
Extending route, 38 

Resolution requiring paving of Girard Ave.. 38 
u authorizing additional tracks, 38 

Ordinance authorizing trial of steam cars, 38 

FAIRMOUNT PARK. 

No railroad to be constructed within its limits, 257, 335 
City to keep as a pleasure-ground for the public, 257, 335 

FAIRMOUNT & ARCH STS. CITY P. RY. CO. 

Incorporated, 27 

Changing route and authorizing construction of road without 
consent of Councils, 31 
Ordinance consenting to use of street, 33 
“ disapproving charter, 33 

u consenting to change of tracks, 34 

FARES. 

Of companies accepting act for benefit of the Centennial Exhibi¬ 
tion not to be reduced, 259 

Councils shall compel companies using motive power other than 
animal power to reduce, 260 
Acts regulating, in cities of the 3d class repealed, 275 


Index of Laws. 


( 6 ) 


Fares ( continued ). 

Companies asking additional privileges of Councils to reduce fares 
to 5 cents, 300 

Charges of Philadelphia & Reading & River Front R. R.’s on 
certain streets subject to Act of 1849, 345 

FIFTH & SIXTH (See FranJcford & Southwark) 

FILBERT STREET. 

End of, to be occupied by Pennsylvania R. R., 347 
FILBERT & SANSOM (See Continental.) 

FOURTH & EIGHTH (See Germantown ; Peoples.) 

FOX CHASE & FRANKFORT) R. R. CO. 

Incorporated, 08 

Route of, not to occupy Oxford turnpike, 325 

FRANKFORD & HOLMESBURG R. R. CO. 

Incorporated, 48 

Authorized to borrow money, issue bonds and extend road, 49 
Extending road and time of completion thereof, 49 
Repealing portion of and altering charter, 50 
Route of, 333 

To extend to Bustleton, 330 

FRANKFORD & PHILA. RY. CO., OF THE CITY OF PHILA. 
Incorporated, 63 

Authorized, to extend road, increase stock and make certain con¬ 
tracts, 65 

FRANKFORD & SOUTHWARK P. RY. CO. (Fifth & Sixth.) 
Incorporated, 50 
Reducing capital stock, 53 
Authorizing extension of road, 53 
Repealing portion of charter, 53 
Authorized to cross Reading R. R. at grade, 55 
Changing title and authorizing extension of track, 56 
Authorizing sale of real estate, laying of additional tracks, repeal¬ 
ing part of charter, providing for investment of sinking fund and 
forbidding transportation of baggage, 56 
Authorizing laying of additional L ack, 58 

“ use of steam and carrying of merchandise, 58 
“ use of salt on tracks, 59 
extension of road, 59, 60 
Charging tax payable to city, 59 
Resolution authorizing certain litigation, 60 
u requiring certain work to cease, 60 
“ giving permission to cross pavement, 61 
Ordinance authorizing connection with road on Washington 
Avenue, 61 

Ordinance authorizing laying of additional tracks, 61 
u authorizing extension of tracks, 62 
“ accepting land dedicated to city by company, 62 

FREIGHT RAILROADS. (See Steam Iiailroads.) 

FRONT STREET. 

Route of Northern Liberties and Penn. Township R. R. from, 
304 


(7) 


Index of Laws . 


Front Street ( continued ). 

Certain manufacturers authorized to lay tracks on 336 
North Penn. R. It. authorized to lay turnouts on, 342 
“ u to keep in repair, 342 

GATES. (See Crossings; Steam Railroads; Streets.) 

GENERAL LAWS. (See Acts of Assembly.) 

For incorporation of railway companies in cities of the 3d, 4th, 
and 5th classes, 261 

For incorporation of railway companies in cities of the 2d and 3d 
classes, 268, 275 

For incorporation of traction companies, 281 

GERMANTOWN P. RY. CO. (Fourth & Eighth.) 

Incorporated, 69 

Authorized to extend road, increase capital stock, issue bonds, and 
to sell to Green & Coates, 76 

Authorizing company to reduce number of managers, and mana¬ 
gers to sell portion of Co. ’s real estate, 81 
Authorized to extend track, convert bonds into stock, and increase 
capital stock, 82 
Authorized to extend tracks, 83 
Ordinance disapproving certain legislation, 83 
Resolution to prevent construction of road, 84 

u granting temporary use of Columbia Avenue, 85 

“ directing repairs of Dickinson street, 85 

u authorizing double tracks on Girard and West College 
Avenues. 85 

Resolution authorizing laying of track on Township Line Road, 86 
Ordinance permitting use of salt on tracks, 86 

LL allowing tracks to be laid on Girard Avenue Bridge, 86 

GIRARD COLLEGE P. RY. CO. (Ridge Avenue.) 

Incorporated, 88 

Authorized to lay additional tracks, 91 
Ordinance disapproving charter, 91 

GRADES. (See Streets.) 

Of streets intersecting railroads to be conformed thereto, 331 
Cities may contract with railroads as to, 340 

GREEN & COATES STS. P. RY. CO. 

Incorporated, 94 

Authorized to extend tracks, 102,103 
Certain legislation repealed, 102 
Confirming occupation of certain streets, 103 
Ordinance disapproving certain legislation, 104 
Resolution granting permission to lay sideling, 104 
“ directing removal of curves, 105 
u granting permit to lay turnouts, 105,106 
“ directing removal of turn-table, 105 

GREENWICH LAND AND BUILDING ASSOCIATION (See 
Greenwich Improvement and Railroad Company.) 

GREENWICH IMPROVEMENT AND RAILROAD CO. 
Incorporated, 92 
Charter extended, 93,94 
Authorized to forfeit stock and sell same, 93 


Index of Laws. 


( 8 ) 


GAUGE. 

To be approved by Board of Surveys, 286 

HARRISON, JOSEPH 

Approval of Memorial of, 289 

HESTONVILLE, MANTUA AND FAIRMOUNT P. RY. CO. 
Incorporated, 106 

Authorized to extend track and increase stock, 110 
District Court enabled to quash sequestration, 111 
Authorized to extend road, 111 
List of stockholders to be kept, 111 
Authorized to salt tracks, 112 
u to sue the State, 112 
Ordinance prohibiting tracks on Wire Bridge, 113 
u consenting to use of Wire Bridge, 113,114 
“ authorizing extension of tracks, 115 
Resolution directing repair of certain streets, 116 

“ directing pavement with Belgian blocks, 116 
“ directing removal of tracks and authorizing laying of 
double tracks, 116 

Ordinance permitting temporary tracks to be laid, 117 
“ consenting to laying of tracks, 117 
“ authorizing laying double tracks, 118 
“ u extension of road, 118 

HESTON VILLE AND SCHUYLKILL R. R. CO. 

Route of, 311. 

HIGHWAY COMMISSIONER. (See City Officers.) 

HIGHWAYS. (See Streets.) 

INCORPORATION. (See Acts of Assembly.) 

Of railway companies in cities of the 3rd, 4th and 5th classes, 261 

Articles of association, 261 

Articles of association, recording of, 262 

Corporate powers, 262 

Of railway companies in cities of the 2nd and 3rd classes, 268, 275 
INJUNCTION. 

Courts may remove on appointment of appraisers, 255 

JUNCTION R. R. CO. 

Subject to Act of 1849, 326 
Route of, 326 

To connect with other roads, 327 
JUNIPER STREET. 

Penna. R. R. authorized to lay tracks on, 321 

“ “ authorized to lay second track on, 341 

KENSINGTON & NEW JERSEY FERRY CO. ( Sliackamaxon 
street and Girard Avenue). 

Incorporated, 118 
Charter amended, 121 

Authorized to increase stock and number of directors, 121 


Index off Laws 


( 9 ) 

KINGSESSING & PHILADELPHIA R. R. CO. 

To be subject to Act of 1849, 320 
Route of, 320 

KENSINGTON & PENN TOWNSHIP R. R. CO. 

Route of, 310 

Damages for use of Columbia ave., 310 

LEHIGH AVENUE. 

Tracks on, by River Front R. R., 345 

LEHIGH AVENUE P. RY. CO. OF PHIL A. 

Incorporated. 134 

LICENSE TAX. (See Tax.) 

LIMITATIONS OF ACTIONS. 

For death or injuries to be brought within 6 months, 256 

LOCAL AUTHORITIES. (See City; City Officers; Philadelphia.) 

LOMBARD & SOUTH ST. P. RY. CO. 

Incorporated, 122 

Authorized to increase shares, and reduce par value of stock and 
extend road, 126 

Authorized to extend road, establish ferry, &c., 126 

u to increase stock, borrow money and issue bonds, 127 
1 ‘ to extend road, borrow money and issue bonds, 127 
“ to extend route, 128 
Ordinance consenting to construction of road, 129 

“ u to laying of track across Naudain st., 129 1 
Resolution objecting to certain legislation, 130 

protesting against certain legislation, 130 
u granting permission to remove cobble stones and to lay 
temporary track, 131 

Ordinance directing authorities to lay tracks on South st. Bridge, 
131 

Ordinance consenting to track on Juniper st, 133 
“ granting permission to extend tracks, 133 
“ authorizing construction of turn-table, 134 

McKEAN ST. 

Certain manufacturers authorized to lay tracks on, 336 

MANAYUNK & ROXBOROUGH INCLINED PLANE & RY. CO. 
Incorporated, 137 

Ordinance authorizing use of salt on racks, 139 
MANUFACTURERS. 

Authorized to lay tracks on certain streets, 336. 

MARKET ST. 

Penna. Co. authorized to lay tracks on, 321 
MARKET ST. RY. (See West Philadelphia.) 

MASTER ST. (See Union.) 

MAYOR (See City Officers.) 

MIFFLIN ST. 

Certain manufacturers authorized to lay tracks on, 336 


(10) 


Index of Laws. 

MORRIS ST. 

Certain manufacturers authorized to lay tracks on (repealed p. 
337), 336. 

MOTIVE POAVER. 

Other than animal power permitted in cities of the first class, 260, 
21)9 

Use of other than animal power in cities of the 2d and 3d class, 
authorized, 268 

NAVY YARD, BROAD ST., & FAIR MOUNT RAILWAY CO. 
(See Thirteenth & Fifteenth.) 

Incorporated, 139 

Confirming merger with 13th & 15th streets Co., 142 
NINTH ST. 

Route of Pliila., Germantown & Norristown R. R. upon, 308 
Philadelphia & Reading R. R. authorized to lay sidings on, 348 

NORTH BRANCH P. RY. CO. OF THE CITY OF PHILA. 
Incorporated, 144 
Repealing portion of charter, 147 
Ordinance disapproving certain legislation, 148 

NORTHERN LIBERTIES AND PENN TOWNSHIP Ii. R. CO. 
Route in Philadelphia, 304 
Not to obstruct streets, 304 
Terminus at Delaware River, 306 
Authorized to occupy streets, 307 
Not on streets intended for market-houses, 307 
Not to be carried through Fairmount, 307 

NORTH PENNSYLVANIA R. R. CO. 

To make connections subject to consent of councils, 328 
Authorized to lay turnouts on Front street, 342 
u keep Front street in repair, 342 

NORTH PHILA. P. RY. CO. {North Pliila. Plank Hoad Co.) 
Incorporated, 149 
Repealing portions of Charter, 152 

Fixing mode of assessing damages and giving right to erect toll- 
gate, etc., 153 

Authorized to borrow money and extend road, 153 
Authorized to construct railroad, 154 
Change of title, 157 

Authorizing use of steam cars and giving right of redemption on 
sale under mortgage, 157 
Ordinance disapproving certain legislation, 158 

NORTH PHILADELPHIA PLANK ROAD CO. {See North Phila.) 
OAK ST. 

Owners of wharves to construct railroad on, 325 

OBSTRUCTIONS. (See Streets.) 

Councils may forbid using of cars until removed, 283 
To be removed by companies, 288 

OFFICERS. 

Directors to file statement of cost of line, 284 
To file statement of compliance with ordinance, 285 


( 11 ) Index of Laws. 

ORDINANCES {for special ordinances see names of companies.) 

As to passenger railways, 282 

Passenger railways to be subject to, 282, 286 

Relating to steam railroads in Philadelphia, 341 

OXFORD TURNPIKE. 

Not to be occupied by railroad, 325, 326 

PASSENGER RAILWAYS. 

Acts of Assembly relating to, 255-282 
Ordinances relating to, 282-301 
Consent of local authorities to construction of, 255 
Companies authorized to issue bonds may secure them by mort¬ 
gage, 256 

Limitation of actions against for injuries or death, 256 
Taxes on cars, 257 

To keep streets in repair (see Repairs ), 257 

Forbidden to use salt except in certain localities, 257, 258, 291 

Fairmount Park, not to be constructed in, 258 

Centennial Exhibition, to pay taxes for, 259 

May use other than animal power, 260, 268, 299 

Councils to compel reduction of fares, 260 

Cities of first class may consent to extension of, 260 

May use streets already occupied, 260 

Acceptance of New Constitution by, 261 

In cities of 2d, 3d, 4th, and 5th classes, 261-281 

Traction companies may be incorporated, 231 

To employ careful agents, 283 

May be authorized to complete circuits, 260 

Control of Chief Commissioner of Highways over, 283, 286,288, 

290, 291, 293, 296, 301 
Board of Surveys, 282, 322, 331 
May use steam, 260, 268, 299 
Appraisement of damages to District Court, 255 
Fares to be controlled, 259, 260, 300 

Gauge to be approved, 286 

Not to be used except for passenger travel, 287 

Penalties for various violations of law, 257, 282. 283, 284, 287, 290, 

291, 292, 294, 296, 299 

N umbers to be painted on cars, 284 

Crossings of railroads at grade, 299 

Connections may be authorized, 287 

Control of city over (see 0%, Philadelphia ), 282 

Right of way on streets regulated, 287, 290, 294, 295 

Snow to be cleaned from streets, 283, 295 

Sleighs to be provided, 283 

Speed of cars regulated, 284 

Statements of cost of road, 285 

Taxes to be paid by, 257, 259, 284, 286, 291, 294 

PAYING. (See Repairs.) 

PENALTY. (See Streets , etc.) 

For use of salt on tracks, 257 
“ not laying flag stones at crossings, 282 
“ neglect to remove obstruction, 283 
“ neglect to pay tax or paint number on cars, 284 
“ interfering with vehicles using tracks, 287 


Index of Laws . 


(12) 


Penalty ( continued ). 

For violation of ordinance, 288 
u neglect to make repairs, 290 
“ neglect to repair bridges, 291 
“ salting tracks, 292 
“ violating right of way, 294 

“ not using wings on snow sweeping machines, 296 
“ violation of ordinance as to crossing steam railroads, 299 
u obstruction of crossings by steam railroads, 314 
“ obstruction of private roads, 319 
“ keeping safety gates closed, 348 

PEOPLES P. RY. CO. 

Incorporated, 159 

Ordinance consenting to construction of road, 162 
Resolution authorizing removal of cobble pavement, 163 
“ granting permission to erect turn-tables, 163 

PENNSYLVANIA R. R. CO. 

Authorized to lay tracks along J uniper street, 321 
“ “ “ “ Market “ 321 

Subject to approval and control of Councils, 321 
To construct tunnel under certain streets, 323 
To connect with any other railroad, 324 
Terminus at Philadelphia, 303 
To reconstruct turnpikes used, 314 
Not to obstruct streets, etc., 318 
Authorized to lay track on Delaware Ave, 339, 340 
u to lay second track on Juniper street, 841 
u to lay track on Dock street, 341 
Additional rights on Delaware avenue, 343 
Authorized to erect trestle work at end of Filbert street, 347 
“ to build bridges over certain streets, 347 
Not to interfere with use of streets, 347 
Chief engineer to approve plans, 347 

PENNSYLVANIA WAREHOUSING CO. 

Authorized to lay tracks on certain streets, 344 

To keep streets in repair, 344 

Not to permit cars to obstruct streets, 344 

PHILADELPHIA. (See City; City Officers; Streets.) 

General Act relative to Pass. Rys. in, 255 
General ordinances and resolutions, 282 

All railroads terminating in Philadelphia to submit plans to Board 
of Surveys, 322 

But above to apply only to Passenger Rys., 831 
Authorized to construct railroad, 317, 

City to receive $50 annually for each car, 

Councils to authorize connections, 287 

Fares of companies asking additional privilege of Councils to be 

reduced to 5 cents, 300 . 

Companies to submit plans, 282 

No railroad chartered under act of 1868 to occupy streets without 
consent of city, 335 , 

Protest against Pass. Rys.. 285 

a against occupation of Broad street, 292 
u against new companies, 294 
“ against Act of 1868, 296, 298 



( 13 ) 


Index of Laws • 


Philadelphia ( continued ). 

Riglit of, to purchase lines, 284 

1,4 rent for not running cars, 284 
“ “ remove tracks, 285 

“ occupy streets for municipal improvements, 287 
u of companies to occupy streets without consent of councils 
to be tested by city officers, 293 
Steam Railroads in, 303-348 

To take up tracks on, and improve Broad street, 332 
Use of salt on tracks within the limits of, prohibited, 257 
PHILADELPHIA AND BALTIMORE CENTRAL R. R. CO. 
Route of, 320 
Alteration of route, 324 

Subject to act of 1849, 324 s 

PHIL A. & D ARB Y RY. CO. ( See Phila. City.) 

Incorporated, 160 
Repeal of portion of charter, 169 
Authorized to borrow money and issue bonds, 170 
u to change number of directors, 170 
Required to repair certain portions Woodland ave., 170 
Authorized to extend road, re-locate portions thereof, increase 
capital and borrow money, 172 
Construing former legislation, 173 
Resolution granting permission to lay tracks, 174 
“ fixing right of way, 174 

PHILADELPHIA CITY P. RY. CO. 

Incorporated, 164 

Relieving company from certain provisions of general railroad law, 
giving them exclusive use of certain streets, etc., 167*.* 
Authorized to borrow money and issue bonds, 168 t~ 

Ordinance authorizing certain litigation, 168 

PHILA., COMMERCIAL, WHARF & RAILROAD CO. 

Route of, 329 

Subject to Act of 1849, 329 
To widen Point House road, 329 
Not to occupy streets, 329 

PHILA., DEL. & CHESTER CENTRAL R. R. CO. 

Route of, 336 

Subject to Act of 1849, 337 
To connect with other roads, 337 

PHILA. & DEL. CO. R. R. CO. 

Route in Philadelphia, 305 

Repeal of Act requiring construction of road along Baltimore Post 
Road, 308 

PHILADELPHIA & DELAWARE RIVER R. R. CO. (See Frank - 
ford & Southwark P. By. Co.) 

PHILADELPHIA, EASTON & WATER GAP R. R. CO. 

Route of, 320. 

To connect with other roads, 320 

PHILADELPHIA, GERMANTOWN & NORRISTOWN R. R. CO. 
Route in Philadelphia, 304 
Not to obstruct streets, 305 


Index of Laws. ( 14 ) 

Philadelphia, Geum antown & Norristown II. R. Co. ( continued ). 
Extension to Germantown authorized, 307 
Branch road authorized, 317 
To change grade at crossings, 317 
Extension along Ninth street, 308 
Not to use locomotives, 309 
Consent of property owners required, 309 
Branch road authorized at Kensington, 309 
Quarter Sessions to regulate use of locomotives, 309 

PHILADELPHIA & GRAY’S FERRY P. RY. CO. {Spruce and 

Pine.) 

Incorporated, 174 

Authorizing extension; reduction of number of shares; sale of 
real ^state; fixing annual meeting, and making charter per¬ 
petual, ^77 

Changmg||ffir of stock to fifty dollars, 179 
* Ordinance disapproving certain legislation, 179 

PHILADELPHIA & MERTON R. R. CO. 

Subject to Act of 1849, 339 
Route of, 339 

PHILADELPHIA & MONTGOMERY CO. R. R. CO. 

Route qf, 325 

,To conform to grade of streets, 326 
Amendment to charter, 332 
Authorized to change route, 332 

Name changed to Philadelphia & Newtown R. R., 338 
To make arrangement with Oxford turnpike, 338 

PHILA DELP HIA & NEW HOPE R. R. CO- 
Terrmnu^it Philadelphia, 313 

PHILADELPHIA & NEWTOWN R. R. CO. (. Formerly Philadel¬ 
phia A Montgomery Co. It. I?.), 338 

PHILADELPHIA & OLNEY R. R. CO. 

Incorporated, 180 

Authorizing construction of road in parts, 182 
Extending time for completion of road, 182 

PHILADELPHIA & PORT DEPOSIT R. R. CO. 

Route of, 310 

PHILADELPHIA & READING R. R. CO. 

Terminus at Philadelphia, 305 
Not to obstruct streets, 306 
Extension of route authorized, 312 
May construct branch roads, 314, 331 
To lay tracks in Richmond, 318 

Authorized to purchase Northern Liberties and Penn Township 
road, 323 

To relay and repair street, 323 

Property and tracks on Broad street to be appropriated by city, 333 
Authorized to cross Delaware Avenue, 342 
Requested to remove track from Broad street, 342 
To erect safety gates, 346 

Authorized to occupy part of Delaware Avenue, 344 
u “ “ Shackamaxon street, 344 


Index of Laws . 


( 15 ) 

Philadelphia & Reading R. R. Co. ( continued ). 

Authorized to occup3Beech street, 344 
“ “ construct turnouts, 345 

“ lay tracks across footways, 345 
To regulate traffic so as not to obstruct streets, 345 
Charges to be subject to Act of 1849, 345 
Authorized to lay sidings on Ninth street, 348 

PHILADELPHIA & TAYLORSVILLE R. R. CO. 

Route of, 311 

Occupation of streets regulated, 311 

PHILA. & TRENTON R. R. CO. 

Route in Philadelphia, 306 
Not to obstruct streets, 306 

Extension to Front street, 308 \ 

Extension of road, 312 * • 

Quarter Sessions to approve extension, 312, 331 ^ 

To occupy streets with approval of Quarter Sessions, 313 
To repair streets, 313 

Not to interfere with business on streets, 313 
To construct Branch road, 322 
Authorized to lay tracks at Tioga street, 346 
“ “ “ “ on Carbon st., 346 

“ “ “ “ part of Delaware Ave, 346 

PHILADELPHIA AND WEST CHESTER R. R. CO. 

Owners of wharves to connect with. 325 

PHILADELPHIA, WILMINGTON AND BALTIMORE R. R. CO. 
Authorized to unite with other railroads terminating in Philadel¬ 
phia, 311 

Authorized to alter curve at Gray’s Ferry, 319 ‘’ 

Damages to be assessed by Quarter Sessions, 319 
Authorized to lay tracks on Prime street, 341 
Authorized to cross 16th street, 341 
To erect safety gates at certain streets, 348 . 

PLANS. (See Board of Surveys.) 

Companies to submit, 282 

Of all railroads terminating in Philadelphia to* be submitted to 
Board of Surveys, 322 
But above to apply only to Pass. Rys., 331 

POINT HOUSE ROAD. 

To be widened, 329 

PRIME ST. 

Philadelphia, Wilmington & Baltimore R. R. authorized to lay 
tracks on, 341 

PRIVATE ROADS. (See Streets.) 

PROTEST. 

Against bills authorizing passenger railways, 285 
u occupation of Broad street, 292 
“ new companies, 294 

u Act of 1868, 296, 298 

RACE & VINE. (See Hestonville Mantua & Fairmount.) 
RAILROADS. (See Passenger Railways; Steam Railroads.) 


Index of Laws. ( 16 ) 

REPAIRS. (See City Officers; Streets.) 

Companies to keep streets in repair, 257, 286 
“ “ pay cost of sewers, 257 

“ shall repair streets, 283 
Penalty for not repairing, 283 

Councils may forbid running of cars until made, 283 
Companies to repair streets from curb to curb, 288 
Not required to pave new streets, 289 
To relay tracks with granite blocks, 289 
Proceedings to enforce repairs, 290 
Bridges to be kept in repair, 290 

Companies to pave between tracks with wooden pavements, 293 
Resolution directing companies to repair streets, 297 
Notice to repair and repave streets, 300 
Companies to repair streets with Belgian blocks, 301 
Grade of streets to be conformed to in, 301 
RICHMOND DISTRICT. 

Streets not to be opened in, through land of railroads, 316 
Philadelphia & Reading R. R. authorized to lay tracks in, 318 

RICHMOND & SCHUYLKILL P. RY. CO. (See Fairmount Park 
& Delaware River P. By.) 

RIDGE AVENUE P. RY. CO. (See Ridge Ave. & Manyunk.) 
Incorporated, 183 
Extension of road authorized, 186 
Time of payment of enrollment tax extended, 186 
Authorized to lease road and sell real estate, 186 
Merger with Girard College Co. approved, and certain changes 
made in charter, 187 

Authorized to salt certain parts of road, 189 

RIDGE AVENUE & MANAYUNK P. RY. XO. (See Ridge 
Avenue .) 

RIVER FRONT R. R. CO. 

Authorized to occupy part of Delaware Ave., 344 
“ “ “ Shackamaxon street, 344 

u u u Beech street, 344 

“ “ “ Cumberland street, 345 

“ * l “ Lehigh Avenue, 345 

“ “ construct turnouts, ,345 

u “ lay tracks across footways, 345 
To regulate traffic so as to not obstruct streets, 345 
Charges to be subject to Act of 1849, 345 

RIGHT OF WAY. 

To vehicles travelling on track, 287 

On Callowhill street, 29J 

At intersection of streets, 294 

Penalty for violating right of way, 294 

Regulated at Market and Chestnut streets bridges, 295 

ROADS. (See Streets.) 

ROUTE. 

Councils may authorize companies to use streets already occupied 
to complete route, 260 

ROXBOROUGH P. RY. CO. 

Incorporated, 190 





( 17 ) 


Index of Laws, 


SALT. 

Use of, on tracks prohibited, 257 
Use of, permitted on certain roads, 258 
Freight railroads may use salt, 337 
Companies not to salt tracks, 291 
Except in certain localities, 291 

SCHUYLKILL RIVER P. RY. CO. 

Incorporated, 207 

Authorized to carry freight, etc., 209 

Changing name, authorizing purchase or lease of connecting road, 
repealing portion of Charter and extending route, 210 
Resolution authorizing use of streets, 210 
SCHUYLKILL RIVER R. R, CO. (See Schuylkill Biver Pass. By. 
Go.) 209 

SECOND & THIRD ST. P. RY. CO. 

Incorporated, 192 

Authorizing increase of stock and requiring extension of road, 196 
Repealing portion of Charter, authorizing extension of road, and 
issue of stock to redeem bonds, 196 
Authorizing sale of real estate on ground rent or mortgage, 197 
Authorized to salt tracks, 198 

Ordinance authorizing laying additional tracks, 198 

“ u laying double tracks, making circuits, etc., 199 

u fixing compensation to be paid for use of road, repairs, 
etc., 199 

Ordinance authorizing cars to wait on certain streets for train, 200 
Resolution authorizing extension of tracks, 200, 201, 202 

“ authorizing track to be laid on certain streets during 
construction of sewer nn part of their route, 201 
Resolution authorizing trial of steam car, 203 

SEVENTH & NINTH. (See Union.) 

SEVENTEENTH AND NINETEENTH STS. P. RY., CO. 
Incorporated, 203 

Authorized to extend road, borrow money and issue bonds, 206 
Resolution requiring portion of track to be graded, 205 
Authorized to extend road, 207 

SEWERS. 

Companies to pay the cost of, 257 
SHACKAMAXON ST. 

Tracks on, by Philadelphia & Reading & River Front Railroad 4 
344 

SHACKAMAXON ST. AND GIRARD A VENUE, (See Kensington 

and New Jersey Ferry Co.) 

SIDINGS. (See Tracks.) 

SIXTEENTH ST. 

Phila., Wilmington and Baltimore authorized to cross, 341 
SLEIGHS. 

To be provided by companies, 283 
SNOW. 

To be cleared from streets by companies, 283 
Wings to be used on snow sweeping machines, 295 


Index of Laws. 


( 18 ) 


SOUTHWABK R. R. 

Route in Philadelphia, 305 
To renew road on Swanson street, 334 
To construct branch, 335 

SPEED. 

Limited to six miles per hour, *284 
Cars to give notice of approach, 284 

SPRING GARDEN. (See Union P. By.) 

SPRUCE & PINE. (See Phila. & Gray's terry.) 

STATEMENT. 

Of cost of line to be filed, 285 
Of obligation to comply with ordinance, 285 

STEAM. (See Motive Power.) 

Other power than animal power authorized in cities of the first 
class, 260 

Authorized for street cars, 268, 299 

STEAM RAILROADS. 

Acts of Assembly relating to 303-341. 

Ordinances, “ 341-318 

Terminating in Phila. may connect, 311 
Quarter Sessions to approve connections, 312 
Agents of, liable for obstructing crossings, 314 
Damages for occupying streets, 315 
Not to obstruct private roads, 318 
Penalty for, 319 

Terminating in Pliila., to submit plans to Board of Surveys, 322 

Repealed as to steam railroads, 331 

Street cars to stop at railroad crossings, 299 

May make contracts with cities, 340 

Certain manufacturers authorized to lay tracks, 336 

Penalties for various violations of law, 314, 319, 348 

For special provisions relating to various railroads, see :— 

Chestnut Hill R. R., 315 
City R. R., 317 
Columbia R. II., 317 

Columbia, Lancaster & Phila. R. R., 303 
Connecting Ry., 328 
Eoxcliase & Frankford R. R., 325 
Frankford & Holmesburg “ 330 
Hestonville & Schuylkill “ 311 
Junction R. R., 326 

Kensington & Penn Township R. R., 310 
Kingsessing & Philadelphia R. R., 320 
Northern Liberties & Penn Township, R. R., 304, 307 
North Pennsylvania, R. R., 328, 342 

Pennsylvania R. R, 303, 314, 318, 321, 323, 339, 340, 341,342, 347 
Pennsylvania Warehousing-Co., 344 
Philadelphia & Baltimore Central R. R., 320, 324 
“ Commercial Wharf & R. R., 329 

“ Del. & Chester Central R. R.. 333 

“ & Del. Co., R. R. 305, 308 

“ Easton & Water Gap R. R., 320 

“ Germantown & Norristown R. R., 304, 307, 308 







( 19 ) 


Index of Laws . 


Steam Railboads ( continued ). 

Philadelphia & Merion R. R, 339 

“ & Montgomery Co, R.R., 325, 332,338 

& New Hope R. R.,313 
“ & Newtown R. R. Co., 333 

“ & Port Deposit R. R., 310| 

“ & Reading R. R.. 306, 312, 314, 317, 318, 323, 331, 

333, 342, 3 4, 346, 348 
“ & Taylorsville R. R., 311 

“ & Trenton R. R., 316, 312, 322, 346 

“ & West Chester R. R., 325 

“ Wilmington & Baltimore R. R., 311, 319, 341, 348 

River Front R. R., 341 
Southwark R. R., 305, 834 
West Chester & Philadelphia R. R.,315 
West Philadelphia R. R., 339 
Wissahickon, Roxborough & Plymouth R. R., 327 

STREETS. (See Philadelphia; Repairs.) 

Crossings regulated, 287, 299, 314, 316 
Obstruction of, by steam railroads, 316, 318 
Damages for obstruction of, 315 

Certain steam railroads not to obstruct, 303, 304,306, 329, 344, 345, 
347. 

Plans of routes on, to be approved, 282, 322, 331 
Traffic on certain streets regulated, 345 
Right of way on, 287, 290, 294, 295 

Councils may authorize use of streets to complete route, 260 
Sewers, cost to be paid by companies, 257 
Snow to be cleared from streets, 283, 295 
Damages by steam railroads occupying, 315 
Change of grade, 317 
Grades of at intersecting railroads, 331 
“ subject of contract, 310 
Not to occupy without consent of city, 335 
Safety gates at, 347 
As to various streets, see :— 

Beech street, 314 

Bridgewater Street,325 

Broad street, 292, 3 5, 332, 342 

Callowhill street, 290,335 

Carbon street, 346 

Cedar street, 305 

Columbia avenue, 310 

Cumberland street, 345 

Delaware avenue, 339, 340, 343, 344, 346 

Dock street, 341 

Filbert street, 347 

Front street, 304, 336, 342 

Juniper street, 321, 341 

Lehigh avenue, 345 

Market street, 321 

McKean street, £36 

Mifflin street, 336 

Morris street, 336 

Ninth street, 308, 34S 


Index of Laws. ( 20 ) 

Streets ( continued .) 

Oak street, 325 
Oxford turnpike, 325 
Point House Road, 329 
Sixteenth street, 341 
Swanson street, 334 
Shackamaxon street, 344 
Tasker street, 338 
Tioga street, 346 
Washington avenue, 341 
Willow street, 334 

SURVEYS. (See Board of Surveys.) 

SWANSON ST. 

Southwark R. R. authorized to renew road on, 334 
TASKER ST. 

Certain manufacturers authorized to lay tracks on, 338 
TAN 

Of $50 per car to be paid annually to the city of Philadelphia, 257 
Three per centum of gross receipts to be paid for Centennial Ex¬ 
hibition during certain years, 259 
$5 per car to be paid by companies, 284 
To pay license tax of $30 per car, 286 
License tax of $50 per car, 291 

License tax of $25 per one-horse car for one-horse cars, 294 

TENTH & ELEVENTH. (See Citizens.) 

THIRTEENTH AND FIFTEENTH STS. P. RY. CO. 
Incorporated, 211 

Relieved from construction of portion of their road, authorized to 
extend road, borrow money and issue bonds for, 214 
Authorized to use portion of Locust street, 216 
Confirming merger with Navy Yard, Broad street and Fairmount 
Company upon certain conditions, 216 
Repealing portion of charter and fixing tax on dividends, 218 
Resolution permitting construction of turnout, 218 
Ordinance authorizing laying of track, 219 

“ directing proceedings to prevent laying of tracks on 
Broad street, 219 

Resolution directing removal of stones from Broad street, 219 
TIOGA ST. 

Philadelphia & Trenton R.R. authorized to lay tracks on, 346 
TOLLS. (See Fares.) 

TRACKS. 

None to be laid on Broad street, 334 

TRACTION COMPANIES. 

Act for the incorporation of, 281 
May construct and operate motors, 281 
“ increase their capital stock, 281 

“ enter on streets occupied by other companies with their con¬ 
sent, 281 

Subject to regulations of Councils, 281 
May contract with other companies, 282. 

“ execute mor gages, 282 


( 21 ) 


Index of Laws. 


TRAFFIC. (See Streets.) 

TURNPIKES. 

Railroads to reconstruct, 314, 316. 

TWELFTH & SIXTEENTH. (See Empire P. By.) 

UNION P. RY. CO. 

Incorporated, 220 

Authorized to extend tracks, 224, 225, 226, 227, 228 
Authorizing dividends to be declared', 227 

Granting additional powers to be exercised without consent of 
Councils, 227 % 

Ordinance requesting Governor not to sign a certain bill, 229 
“ requiring removal of tracks, 229 
Resolution requiring re-adjustment of tracks, 230 
Ordinance authorizing tracks on Columbia avenue, 230 

WASHINGTON AVE. (See Prime Street.) 

WEST CHESTER & PHILA. R. R. CO. 

Terminus in Philadelphia, 315 

WEST END P. RY. CO. ( West End , Angora & Park ; Lombard & 
South.) 

Incorporated, 231 
Ordinance approving route, 235 

“ authorizing extension of tracks, 237 

WEST END, ANGORA & PARK P. RY. CO. (See West End.) 
WEST PHILADELPHIA P. RY. CO. {Market Street.) 
Incorporated, 237 

Authorized to borrow money and extend road, 241 
Declaring sale of bonds below par not usurious, 242 
Authorizing extension of road, imposing tax and repealing portions 
of charter, 242 

Directing payment of money by State, 243 

Repealing limitation of charter and regulating running of cars on 
portion of road, 244 

Authorizing sale of certain real estate, 244 

Requiring frogs at crossings of tracks to be approved by the com¬ 
pany, 245 

Public Building Commission authorized to remove tracks, 245 
Ordinance to prevent laying of rails on Market street bridge, 246 
Resolution disapproving plans for extension of road, 246 
Ordinance refunding overpayment for water pipe, 247 

“ consenting to use of Market street bridge on certain 
conditions, 247 

Resolutions to lay double track on portion of Market street at part 
expense of city, 248 

Ordinance authorizing laying of tracks on Market east of Third 
street, 249 

Ordinance authorizing laying of additional tracks on Market east 
of Eighth street, 249 

Ordinance to stop running of cars and enforce payment of tax, 250 
Resolution granting permission to construct turnout at depot, 250 
“ authorizing extension of road, 250 
Ordinance changing tracks on Market street, preserving tracks and 
curves on, 251 

Resolution extending route for western circuit, 252 


Index of Laws. ( 22 ) 

West Philadelphia Pass. Ry Co. ( continued ). 

Resolution requiring relaying of track on new grade of Market 
street, 252 

Ordinance allowing use of steam cars, 253 

“ authorizing laying of additional tracks, 253 

• WEST PHILADELPHIA R. R. CO. 

Terminus in Philadelphia, 309 

WILLOW ST. 

Route of Northern Liberties & Penn Township from, 304 

WISSAHICKON, ROXBOROUGH & PLYMOUTH R. R. CO. 
Route of, 327 

Subject to Act of 1849, 327 
WOODEN PAVEMENTS. (See Bepairs.) 





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